Activities of Jean-Marie CAVADA related to 2007/0248(COD)
Legal basis opinions (0)
Amendments (6)
Amendment 15 #
Proposal for a directive – amending act
Recital 24
Recital 24
(24) A television broadcast is a linearLegal “must-carry” obligations may be applied in the case of radio and audiovisual media services as dend to specified complementary services supplied by a specifined in themedia service provider. Audiovisual Mmedia Sservices Directiveare defined in Article 1(a) of Directive 89/551/EEC of 3 October 1989 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 mn 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 consultatiComplementary services include, among of all stakeholders. One or more broadcast channels may be complemented bythers, services to improve accessibility for users with disabilities, such as a videotext service, subtitling service, an audio description or sign language.
Amendment 21 #
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 24 #
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 yearregular intervals.
Amendment 37 #
Proposal for a directive – amending act
Recital 30 a (new)
Recital 30 a (new)
(30a) When implementing measures transposing this Directive, the authorities and courts of the Member States must not only interpret their national law in a manner consistent with the directive but also make sure that they do not rely on an interpretation of the directive which would be in conflict with fundamental rights or other general principles of Community law, such as the principle of proportionality.
Amendment 50 #
Proposal for a directive – amending act
Article 2 - point -1 c (new)
Article 2 - point -1 c (new)
Directive 2002/58/EC
Article 2 - point (d)
Article 2 - point (d)
(-1c) Article 2(d) shall be replaced by the following: (d) "communication" means any information exchanged or conveyed between a finite number of parties by means of a publicly available electronic communications service. This does not include any information conveyed as part of a broadcasting service to the public or any other communication to the public over an electronic communications network except to the extent that the information can be related to the identifiable subscriber or user receiving the information;
Amendment 80 #
Proposal for a directive – amending act
Article 2 - point -7 c (new)
Article 2 - point -7 c (new)
Directive 2002/58/EC
Article 15 - paragraph 1
Article 15 - paragraph 1
(-7c) In Article 15, paragraph 1 is replaced by the following: 1. Member States may adopt legislative measures to restrict the scope of the rights and obligations provided for in Article 5, Article 6, Article 8(1), (2), (3) and (4), and Article 9 of this Directive when such restriction constitutes a necessary, appropriate and proportionate measure within a democratic society to safeguard national security (i.e. State security), defence, public security, and the prevention, investigation, detection and prosecution of criminal offences or of unauthorised use of the electronic communication system, as well as the protection of the rights and freedoms of others, as referred to in Article 13(1) of Directive 95/46/EC. To this end, Member States may, inter alia, adopt legislative measures providing for the retention of data for a limited period justified on the grounds laid down in this paragraph. All the measures referred to in this paragraph shall be in accordance with the general principles of Community law, including those referred to in Article 6(1) and (2) of the Treaty on European Union.