5 Amendments of Marie-Hélène DESCAMPS related to 2007/0248(COD)
Amendment 13 #
Proposal for a directive – amending act
Recital 24
Recital 24
(24) A television broadcast is a linearLegal “must-carry” obligations may be applied, to specified radio and audiovisual media services as defined in thend complementary services supplied by a specified media service provider. Audiovisual Mmedia Sservices Directive of the European Parliament and of the Council of [….] 2007, which is provided by a media service provider for simultaneous viewing of programmes on the basis of a programme schedule; a media service provider may provide a number of audio or audio visual programme schedules (channels). Legal “must-carry” obligations may be applied, but only to specified broadcast channels supplied by a specified mare defined in Article 1(a) of Directive 89/552/EEC of 3 October 1989 of the European Parliament and of the Council on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media sService providers Directive). Member States should provide a clear justification for the “must carry” obligations in their national law so as to ensure that such obligations are transparent, proportionate and properly defined. In that regard, “must carry” rules should be designed in a way which provides sufficient incentives for efficient investment in infrastructure. “Must carry” rules should be periodically reviewed in order to keep them up-to-date with technological and market evolution in order to ensure that they continue to be proportionate to the objectives to be achieved. Given the rapid change in technology and market conditions such a full review would need to be carried out at least every three years and would require a public consultation of all stakeholders. One or more broadcast channelOne or more audiovisual media services may be complemented by services to improve accessibility for users with disabilities, such as a videotext service, subtitling service, an audio description or sign language.
Amendment 16 #
Proposal for a directive – amending act
Recital 30 a (new)
Recital 30 a (new)
(30a) When implementing the measures transposing Directive 2002/58/EC, the authorities and courts of the Member States must not only interpret their national law in a manner consistent with this Directive, but also ensure that they do not rely on an interpretation which would infringe other fundamental rights or general principles of Community law, such as the principle of proportionality.
Amendment 18 #
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2002/22/EC
Article 20 – paragraph 6 a (new)
Article 20 – paragraph 6 a (new)
6a. The Member States shall ensure that subscribers are clearly notified in the event of repeated breaches of copyright and related rights, in order for them to stop cease their unlawful activity.
Amendment 20 #
Proposal for a directive – amending act
Article 1 – point 19
Article 1 – point 19
Directive 2002/22/EC
Article 31 – paragraph 1 – subparagraph 1
Article 31 – paragraph 1 – subparagraph 1
1. Member States may impose reasonable “must carry” obligations, for the transmission of specified radio and television broadcast channels and accessibilitaudiovisual media services and complementary services, on undertakings under their jurisdiction providing electronic communications networks used for the distribution of radio or television broadcastaudiovisual media services to the public where a significant number of end-users of such networks use them as their principal means to receive radio and television broadcastor audiovisual media services. Such obligations shall only be imposed where they are necessary to meet general interest objectives as clearly and specifically defined by each Member State in its national law and shall be proportionate and transparent.
Amendment 23 #
Proposal for a directive – amending act
Article 1 – point 19
Article 1 – point 19
Directive 2002/22/EC
Article 31 – paragraph 1 – subparagraph 3
Article 31 – paragraph 1 – subparagraph 3
Member States shall hereafter review “must -carry” obligations at least every three yearon a regular basis.