[ParlTrack]

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

Directive 2010/13/EU
Article 1 – paragraph 1

(1) in Article 1, paragraph 1 is amended as follows: (a) the following: ‘(i) 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 indeleted in point (a), point (ei) of this paragraph or an on-demand audiovisual media service as defined in point (g) of this paragraph;’ (b) ‘(aa) 'video-sharing platform service' means a service, as defined by Articles 56 and 57 of the Treaty on the Functioning of the European Union, which meets the following requirements: (i) of a large amount of programmes or user- generated videos, for which the video- sharing platform provider does not have editorial responsibility; (ii) content is determined by the provider of the service including by automatic means or algorithms, in particular by hosting, displaying, tagging and sequencing; (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; (iv) electronic communications networks within the meaning of point (a) of Article 2 of Directive 2002/21/EC.;’ (c) following: ‘(b) 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, videos of short duration, sports events, situation comedies, documentaries, children’s programmes and original drama;’ (d) ‘(ba) 'user-generated video' means a set of moving images with or without sound constituting an individual item that is created and/or uploaded to a video- sharing platform by one or more users;’ (e) ‘(da) 'video-sharing platform provider' means the natural or legal person who provides a video-sharing platform service;’is replaced by a service as defined by Articles 56 the following point (aa) is inserted: the service consists of the storage the organisation of the stored the service is made available by point (b) is replaced by the ‘programme’ means a set of the following point (ba) is inserted: the following point (da) is inserted:

2016/10/27
Committee: CULT

Louise BOURS

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

Directive 2010/13/EU
Article 2

(3) Article 2 is amended as follows: (a) replaced by the following: ‘(b) head office in one Member State but editorial decisions on the audiovisual media service are taken in another Member State, it shall be deemed to be established in the Member State where the majority of the workforce involved in the pursuit of the audiovisual media service activity operates;’ (b) the following paragraphs 5a and 5b are inserted: ‘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. 5b. 4 of this Directive, the Member States concerned do not agree on which Member State has jurisdiction, they shall bring the matter to the Commission's attention without undue delay. The Commission may request the European Regulators Group for Audiovisual Media Services (ERGA) to provide an 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 indeleted in paragraph 3, point (b) is if a media service provider has its Where, in applying Articles 3~~(5)~~ and ~~4(5) shall be suspended until ERGA has adopted an opinion.;’~~

2016/10/27
Committee: CULT

Louise BOURS

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

Directive 2010/13/EU
Article 3 – paragraph 3

3. Member States may only apply paragraph 2 where the following conditions are met: (a) 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 two occasions; (b) notified 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 again; (c) State which has jurisdiction over the provider and the Commission have not produced an amicable settlement within one month of the notification provided for in point (b); (d) contravened point (a), (b) or (c) of paragraph 2 at least once after the notification provided for in point (b) of this paragraph; (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. Points (a) and (d) of paragraph 3 shall apply only in respect of linear services.deleted during the 12 months preceding the Member State concerned has consultations with the Member the media services provider has

2016/10/27
Committee: CULT

Louise BOURS

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

Directive 2010/13/EU
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. 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.deleted

2016/10/27
Committee: CULT

Louise BOURS

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

Directive 2010/13/EU
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.;deleted

2016/10/27
Committee: CULT

Louise BOURS

Proposal for a directive
Article 1 – paragraph 1 – point 5

Directive 2010/13/EU
Article 4

(5) Article 4 is amended as follows: (a) paragraph 1 is replaced by the following: "1. 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."; (b) second subparagraph is inserted after point (b) of the first subparagraph: "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."; (c) by the following: "4. measures pursuant todeleted Member States shall remain free to in paragraph 3 ~~only where~~, the following conditions are met: (a) 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; (b) defence of the broadcaster concerned and, in particular, has given the broadcaster the opportunity to express its views on the alleged circumvention and the measures the notifying Member States intends to take; (c) having consulted ERGA, that the measures are compatible with Union law, in particular that assessments made by the Member State taking those measures under paragraphs 2 and 3 are correctly founded. 5. within 3 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. 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. Where the Commission considers the notification as incomplete, it shall request all necessary additional information. The Commission shall inform the Member State of the receipt of the response to that request. Where the Member State concerned does not provide the information requested within the period fixed by the Commission or provides incomplete information,paragraphs 4 and 5 are replaced A Member State may take it has notified the Commission and it has respected the rights of the Commission shall take a decision that the measures taken by the Member State in accordance with paragraph 3 are incompatible with Union law. If the Commission decides that the measures are incompatible with Union law, the Member State in question shall refrain from taking the intended measures."; (d) paragraph 7 is replaced by the following: "7. co-regulation and self-regulation through codes of conduct adopted at national level in the fields coordinated by this Directive to the extent permitted by their legal systems. Those codes shall be such that they are broadly accepted by the main stakeholders in the Member States concerned. The codes of conduct shall clearly and unambiguously set out their objectives. They shall provide for regular, transparent and independent monitoring and evaluation of the achievement of the objectives aimed at. They shall provide for effective enforcement, including when appropriate effective and proportionate sanctions. Draft Union codes of conduct 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 codes. 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.";s decided, after The Commission shall decide Member States shall encourage

2016/10/27
Committee: CULT

Louise BOURS

Proposal for a directive
Article 1 – paragraph 1 – point 9

Directive 2010/13/EU
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.;deleted

2016/10/27
Committee: CULT

Louise BOURS

Proposal for a directive
Article 1 – paragraph 1 – point 11

Directive 2010/13/EU
Article 9

(11) Article 9 is amended as follows: (a) paragraph 2 is replaced by the following: ‘2. 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 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. Those codes should be used to effectively reduce the exposure of minors to audiovisual commercial communications of foods and beverages that are high in salt, sugars or fat or that otherwise do not fit national or international nutritional guidelines. Those codes should provide that the audiovisual commercial communications are not to emphasise the positive quality of the nutritional aspects of such foods and beverages. The Commission and ERGA shall encourage the exchange of best practices on self- and co-regulatory systems across the Union. Where appropriate, the Commission shall facilitate the development of Union codes of conduct.;’ (b) the following paragraphs 3 and 4 are inserted: ‘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 limit the exposure of minors to audiovisual commercial communications for alcoholic beverages. 4. The Commission and ERGA shall encourage the exchange of best practices on self- and co-regulatory systems across the Union. If considered appropriate, the Commission shall facilitate the development of Union codes of conduct.;’deleted Member States and the

2016/10/27
Committee: CULT

Louise BOURS

Proposal for a directive
Article 1 – paragraph 1 – point 15

(15) Article 13 is replaced by the following: ‘Article 13 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 works. 2. 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. 3. Member States shall report to the Commission by [date – no later than three years after adoption] at the latest and every two years thereafter on the implementation of paragraphs 1 and 2. 4. 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 paragraphs 1 and 2, taking into account the market and technological developments and the objective of cultural diversity. 5. requirements laid down in paragraphs 1 and 2 for providers 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 services.’deleted Member States may require The Commission shall, on the Member States shall waive the

2016/10/27
Committee: CULT

Louise BOURS

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

Directive 2010/13/EU
Chapter IX a (new)

(19) ~~the following~~ Chapter IXa is ~~inser~~deleted:.

2016/10/27
Committee: CULT

Louise BOURS

Proposal for a directive
Article 1 – paragraph 1 – point 21

Directive 2010/13/EU
Article 30

~~(21) Article 30 is replaced by the following: ‘Article 30 1. designate one or more independent national regulatory authorities.~~deleted Each Member States shall ensure that they 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. 2. national regulatory authorities exercise their powers 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 competition. National regulatory authorities shall not seek or take instructions from any other body in relation to the exercise of the tasks assigned to them under national law implementing Union law. This shall not prevent supervision in accordance with national constitutional law. 3. the independent regulatory authorities, as well as the ways of making them accountable shall be clearly defined in law. 4. national regulatory authorities have adequate enforcement powers to carry out their functions effectively. 5. authority or the members of the collegiate body fulfilling that function within a national regulatory authority, 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 statement of reasons shall be made available. 6. independent national regulatory authorities have separate annual budgets. The budgets shall be made public.Member States shall ensure that The competences and powers of Member States shall ensure that The Head of a national regulatory Member States shall ~~also~~ ensure that national regulatory authorities have adequate financial and human resources to enable them to carry out the task assigned to them and to actively participate in and contribute to ERGA. 7. effective 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 appeal. That appeal body, which should be a court, shall have the appropriate expertise to enable it to carry out its functions effectively. Member States shall ensure that the merits of the case are duly taken into account and that there is an effective appeal mechanism. Pending the outcome of the appeal, the decision of the national regulatory authority shall stand, unless interim measures are granted in accordance with national law.’Member States shall ensure that

2016/10/27
Committee: CULT

Louise BOURS

Proposal for a directive
Article 1 – paragraph 1 – point 22

Directive 2010/13/EU
Article 30 a (new)

(22) the following Article 30a is inserted: ‘Article 30a 1. The European Regulators Group for Audiovisual Media Services (ERGA) is hereby established. 2. independent 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 Commission representative shall participate in the group meetings. 3. ERGA's shall have the following tasks: (a) Commission in its work to ensure a consistent implementation in all Member States of the regulatory framework for audiovisual media services; (b) 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 may consult market participants, consumers and end-users in order to collect the necessary information; (c) to provide for an exchange of experience and good practice as to the application of the regulatory framework for audiovisual media services; (d) members with the information necessary for the application of this Directive, in particular as regards Articles 3 and 4 thereof; (e) to give opinions, when requested by the Commission, on the issues envisaged in Articles 2(5b), 6a(3), 9(2), 9(4) and on any matter relating to audiovisual media services, in particular on the protection of minors and incitement to hatred."; 4. empowered to adopt, by means of an implementing act, the rules of procedure for ERGA.;’deleted It shall be composed of national to advise and assist the to advise and assist the to cooperate and provide its The Commission shall be

2016/10/27
Committee: CULT

Louise BOURS

Proposal for a directive
Article 1 – paragraph 1 – point 23

Directive 2010/13/EU
Article 33

(23) Article 33 is replaced by the following: ‘Article 33 The Commission shall monitor Member States' application of the Directive, including its application of co-regulation and self-regulation through codes adopted at national level. 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. By [date - no later than 10 years after adoption] at the latest, the Commission shall submit to the European Parliament and the Council an ex post evaluation, accompanied where appropriate by proposals for its review, in order to measure the impact of the Directive and its added value.’deleted

2016/10/27
Committee: CULT

Louise BOURS

Proposal for a directive
Article 2 – paragraph 1 – subparagraph 1

Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [date – no later than 1five years after entry into force] at the latest. They shall forthwith communicate to the Commission the text of those provisions.

2016/10/27
Committee: CULT

14 Amendments of Louise BOURS related to 2016/0151(COD)

ParlTrack - 2011-2024