Activities of Jean-Marie CAVADA related to 2016/0151(COD)
Legal basis opinions (0)
Amendments (75)
Amendment 29 #
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 non-binding opinions on jurisdiction upon the Commission's request as it is composed of national independent regulatory authorities in the field of audiovisual media services.
Amendment 41 #
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) The right of persons with an impairment and of the elderly to participate and be integrated in the social and cultural life of the Union is linked to the provision of accessible audiovisual media services. Therefore, Member States should take appropriate and proportionate measures to ensure that media service providers under their jurisdiction actively seek to make content accessible to those with a visual or hearing disability by 2027. The accessibility requirements should be met through a progressive and continuous process, while taking into account the practical and unavoidable constraints that could prevent complete accessibility, such as programmes or events broadcast in real time. Appropriate accessibility measures could be developed through self-regulation and co-regulation
Amendment 83 #
Proposal for a directive
Recital 32 a (new)
Recital 32 a (new)
(32a) This Directive, in line with the Charter of Fundamental Rights of the European Union and in particular Article 11 thereof, aims at enshrining the independence of audiovisual media regulators into Union law by ensuring that such regulators are legally distinct and functionally independent from the industry and government, in that they neither seek nor take instructions from the industry or from any government, operate in a transparent and accountable manner as set out in law, and have sufficient powers.
Amendment 87 #
Proposal for a directive
Recital 35 a (new)
Recital 35 a (new)
(35a) This Directive formalises the role of ERGA as an independent, expert advisor to the Commission, and as a forum for the exchange of experiences and best practices between the national regulators. ERGA is entrusted with a specific advisory role with regard to issues of jurisdiction and the issuing of opinions on Union codes of conduct based on co- regulation.
Amendment 91 #
Proposal for a directive
Recital 36
Recital 36
(36) ERGA has made a positive contribution towards consistent regulatory practice and has provided high level and independent advice to the Commission on implementation matters. This calls for the formal recognition and reinforcement of its role in this Directive. The group should therefore be re-established by virtue of this Directive.
Amendment 93 #
Proposal for a directive
Recital 37
Recital 37
(37) The Commission should be free to consult ERGA on any matter relating to audiovisual media services and video- sharing platforms. ERGA should assist the Commission by providing its expertise and advice and by facilitating exchange of best practices. In particular, the Commission should consult ERGA in the application of Directive 2010/13/EU with a view to facilitating its convergent implementation across the Digital Single Market. Upon the Commission's request, ERGA should provide opinions, including on jurisdiction and Union rules and codes of conduct in the area of protection of minors and hate speech as well as audiovisual commercial communications for foods high in fat, salt/sodium and sugars.
Amendment 96 #
Proposal for a directive
Recital 38
Recital 38
(38) This Directive is without prejudice to the ability of Member States to impose obligations to ensuretake measures to ensure non-discriminatory discoverability and accessibility of to content of general interest under defined general interest objectives such as media pluralism, freedom of speech and cultural diversity. Such obligations should only be imposed where they are necessary toproportionate and meet general interest objectives clearly defined by Member States in conformity with Union law. Such obligations should, moreover, only be imposed when there is a threat to the diversity of opinion. In this respect, Member States should in particular examine the need for regulatory intervention against the results of the outcome of market forces. Where Member States decide to imposntroduce discoverability rules, they should only impostake proportionate obligations onmeasures with regard to undertakings, in the interest of legitimate public policy considerations.
Amendment 105 #
Proposal for a directive
Recital 1
Recital 1
(1) The last substantive amendment to Directive 89/552/EEC of the Council27 , later codified by Directive 2010/13/EU of the European Parliament and of the Council28 , was made in 2007 with the adoption of Directive 2007/65/EC of the European Parliament and of the Council29 . Since then, the market of audiovisual media services has evolved significantly and rapidly. Technical developments allow for new types of services and user experiences. The viewing habits, particularly of younger generations, have changed significantly. While the main TV screen remains an important device to share audiovisual experiences, many viewers have moved to other, portable devices to watch audiovisual content. Traditional TV content accounts still for a major share of the average daily viewing time. However, new types of content, such as short videos or user-generated content, gain increasing importance and new players, including providers of video-on- demand services, social media and video- sharing platforms, are now well- established. __________________ 27 Directive 89/552/EEC of the European Parliament and of the Council of 3 October 1989 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 Services Directive) (OJ L 298, 17.10.1989, p. 23). 28 Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 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 Services Directive) (OJ L 95, 15.4.2010, p. 1). 29 Directive 2007/65/EC of the European Parliament and of the Council of 11 December 2007 amending Council Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities (OJ L 332, 18.12.2007, p. 27).
Amendment 112 #
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 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 dissociwhen a video subsection of a media service is independent from the rest of the service and not indissociably complementary4a . As social media services represent an important access point to information for consumers and rely increasingly on audiovisual content generated or made available fromby their main activity. Social media serviusers, it is neces sare noty to included, except if they provide a service that falls under the definition of them within this Directive when their services meet the criterias defining 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. __________________ 4aJudgment of the Court of Justice of 21 October 2015, New Media Online GmbH v Bundeskommunikationssenat, C-347/14, ECLI:EU:C:2015:709.
Amendment 112 #
Proposal for a directive
Article 1 – point 3 – point b
Article 1 – point 3 – point b
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 on which Member State has jurisdiction within one month following the notification referred to in paragraph 5b or the opinion provided by ERGA.
Amendment 116 #
Proposal for a directive
Article 1 – point 5 – point a
Article 1 – point 5 – point a
1a. Member States shall inform European Commission, regulatory authorities of other Member States and ERGA about more detailed or stricter rules adopted in accordance with paragraph 1.
Amendment 127 #
Proposal for a directive
Article 1 – point 10
Article 1 – point 10
Directive 2010/13/EU
Article 7
Article 7
(10) Article 7 is deleted; replaced by the following: Article 7 1. Member States shall ensure that media service providers under their jurisdiction make their services progressively accessible to people with a visual or hearing disability aiming for complete accessibility by the end of 2027. 2. With regard to the implementation of this Article, Member States shall encourage self-regulatory and co- regulatory codes of conduct. The Commission and ERGA shall encourage media service providers to exchange best practices 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 141 #
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. This cshould 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 141 #
Proposal for a directive
Article 1 – point 11 a (new)
Article 1 – point 11 a (new)
Directive 2010/13/EU
Article 9 a (new)
Article 9 a (new)
(11a) The following article is inserted : Article 9a Member States remain free to take appropriate measures ensuring the non- discriminatory appropriate prominence of audiovisual media services of general interest. Such measures shall be proportionate and meet general objectives such as media pluralism, freedom of speech, and cultural diversity clearly defined by Member States in accordance with Union law. Such obligations should only be imposed where they are necessary to meet general interest objectives clearly defined by Member States in conformity with Union law. In this respect, Member States should, in particular, examine the need for regulatory intervention against the results of the outcome of market forces. Where Member States decide to impose discoverability rules, they should only impose proportionate obligations on undertakings, in the interest of legitimate public policy considerations.'
Amendment 142 #
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) The right of persons with an impairment and of the elderly to participate and be integrated in the social and cultural life of the Union is linked to the provision of accessible audiovisual media services. Therefore Member States should take appropriate and proportionate measures to ensure that media service providers under their jurisdiction actively seek to make content accessible to those with visual or hearing disability by 2027. The accessibility requirements should be met through a progressive and continuous process, while taking into account the practical and unavoidable constraints that could prevent a complete accessibility, such as programmes or events broadcasted in real time. Appropriate accessibility measures could be developed through self-regulation and co-regulation
Amendment 168 #
Proposal for a directive
Recital 13
Recital 13
Amendment 180 #
Proposal for a directive
Recital 14
Recital 14
(14) Sponsorship represents an important means of financing audiovisual media services, video-sharing platforms, user-generated videos 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, users generating videos, video-sharing platforms providers and audiovisual media service providers, sponsorship announcements can contain promotional references to the goods or services of the sponsor, while not directly encouraging 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 186 #
Proposal for a directive
Recital 15
Recital 15
(15) The liberalisation of product placement has not brought about the expected take-up of this form of audiovisual commercial communication. In particular, the general prohibition of product placement with some exceptions has not created legal certainty for audiovisual media service providers. Product placement should thus be allowed in all audiovisual media services and video-sharing platforms, subject to exceptions.
Amendment 187 #
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 programmes with a significanand content aimed at children’s audience. 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 significanand content aimed at 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. The provision of goods or services free of charge, such as samples, production props or prizes, should only be considered to be product placement if the goods or services involved are of significant commercial value.
Amendment 197 #
Proposal for a directive
Article 1 – point 21
Article 1 – point 21
Directive 2010/13/EU
Article 30 – paragraph 1
Article 30 – paragraph 1
1. Each Member State shall designate one or more independent national regulatory authorities. Member States shall ensure that they are legally distinct and functionally independent ofrom governments or 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 199 #
Proposal for a directive
Recital 18
Recital 18
(18) AsEven though 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 ofit remains necessary to keep protecting the integrity of programmes and consumers from disproportionally frequent advertising and teleshopping spots w. There this does not unduly impair the integrity of programme. Yetfore, 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 and not be subject to further flexibility.
Amendment 200 #
Proposal for a directive
Recital 18 a (new)
Recital 18 a (new)
(18a) Isolated advertising and teleshopping spots significantly disrupt television viewing, disproportionally affect the integrity of programmes and raise legitimate concerns with regard to their impact on consumers, particularly children, as they give undue prominence to a particular product or service. This Directive should therefore not allow isolated advertising and teleshopping spots, without any exception.
Amendment 201 #
Proposal for a directive
Article 1 – point 21
Article 1 – point 21
Directive 2010/13/EU
Article 30 – paragraph 1 a (new)
Article 30 – paragraph 1 a (new)
1a. Member States shall ensure that the nomination process of the Head of a national regulatory authority or the members of the collegiate body fulfilling that function within a national regulatory authority is transparent and guarantees the requisite degree of independence for the fulfilment of its functions.
Amendment 204 #
Proposal for a directive
Article 1 – point 21
Article 1 – point 21
Directive 2010/13/EU
Article 30 – paragraph 2 – subparagraph 1
Article 30 – paragraph 2 – subparagraph 1
Member States shall ensure that national regulatory authorities exercise their powers impartially and transparently and in accordance with the objectives of this Directive, in particular media pluralism, non-discrimination, cultural diversity, consumer protection, internal market and the promotion of fair competition.
Amendment 206 #
Proposal for a directive
Article 1 – point 21
Article 1 – point 21
Directive 2010/13/EU
Article 30 – paragraph 2 – subparagraph 2
Article 30 – paragraph 2 – subparagraph 2
National regulatory authorities shall not seek or take instructions from any other body, public or private, 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.
Amendment 208 #
Proposal for a directive
Recital 19
Recital 19
Amendment 212 #
Proposal for a directive
Article 1 – point 21
Article 1 – point 21
Directive 2010/13/EU
Article 30 – paragraph 5
Article 30 – paragraph 5
5. The Head of a national regulatory 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 duly justified dismissal decision shall be made public and a statement of reasons shall be made available to the public.
Amendment 216 #
Proposal for a directive
Article 1 – point 21
Article 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. 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 ERGAeffectively to the tasks carried out by ERGA under this Directive.
Amendment 224 #
Proposal for a directive
Recital 20
Recital 20
Amendment 226 #
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 share of European works and that those are given enough prominence. The quality of the European works acquired should be equivalent to the rest of the catalogue, in order to guarantee a fair representation of the European production, cultural diversity and know-how. The prominence obligation should allow users of the service to easily discover and find European works through, for example, a dedicated presence on the homepage, targeted recommendations or dedicated categories.
Amendment 250 #
Proposal for a directive
Recital 25
Recital 25
(25) In order to ensure that obligations on promotion of European works do not undermine market development and to allow for the entry of new players in the market, companies with no significant presence on the market should not be subject to such requirements. This is in particular the case for companies with a low turnover and low audiences as regards to the targeted market and small and micro enterprises as defined in Commission Recommendation 2003/361/EC33 . It could also be inappropriate to impose such requirements in cases where – given the nature or theme of the on-demand audiovisual media services or the competition with equivalent European works – they would be impracticable or unjustified. __________________ 33 Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium- sized enterprises (OJ L 124, 20.5.2003, p. 36).
Amendment 262 #
Proposal for a directive
Recital 26
Recital 26
(26) There are new challenges, in particular in connection with video-sharing platforms and social media, on which users - particularly minors - increasingly consume audiovisual content. In this context, harmful content and hate speech storedavailable on video-sharing platforms have increasingly given rise to concern. It is necessary, in order to protect minors from harmful content and all citizens from content containing incitement to violence or, hatred or terrorism, to set out proportionate rules on those matters.
Amendment 275 #
Proposal for a directive
Recital 28
Recital 28
(28) An important share of the content stored on video-sharing or social media platforms is not under the editorial responsibility of the video-sharing platform provider. However, those providers typically determine the organisation of the content, namely programmes or user-generated videos, including by automatic means or algorithms. Therefore, those providers 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 terrorism or 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 296 #
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 should therefore be encouraged. 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, under the monitoring of the competent national regulatory bodies. However, it should remain possible for Member States to take suchrequire 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 in accordance with Union law and communicative freedoms. Video-sharing platforms should also properly inform users having generated the content affected by such measures on the reasons justifying those measures and provide effective ways to contest them. __________________ 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 304 #
Proposal for a directive
Recital 31
Recital 31
(31) When taking the appropriate measures to protect minors from harmful content and to protect all citizens from content containing incitement to terrorism, violence or hatred in accordance with this Directive, the applicable fundamental rights, as laid down in the Charter on Fundamental Rights of the European Union, should be carefully balanced. That concerns in particular, as the case may be, the right to respect for private and family life and the protection of personal data, the freedom of expression and information, the freedom to conduct a business, the prohibition of discrimination and the right of the child.
Amendment 307 #
Proposal for a directive
Recital 32
Recital 32
(32) The video-sharing platform providers covered by this Directive provide information society services within the meaning of point (a) of Article 2 of Directive 2000/31/EC. Those providers are consequently subject to the rules on the internal market set out in Article 3 of that Directive, if they are established in a Member State. It is appropriate to ensure that the same rules apply to video-sharing platform providers which are not established in a Member State with a view to safeguarding the effectiveness of the measures to protect minors and citizens set out in this Directive and ensuring a level playing field in as much as possible, in as far as those providers have either a parent company or a subsidiary which is established in a Member State or where those providers are part of a group and another entity of that group is established in a Member State. To that effect, arrangements should be made to determine in which Member State those providers should be deemed to have been established. Given the wide audience of video-sharing platforms and social media, it is appropriate that the Member State having jurisdiction over such a platform coordinate with the other Member States concerned for the regulation of those platforms. The Commission should be informed of the providers under each Member State's jurisdiction in application of the rules on establishment set out in this Directive and in Directive 2000/31/EC.
Amendment 332 #
Proposal for a directive
Recital 38
Recital 38
(38) This Directive is without prejudice to the ability of Member States to impose obligations to ensure non-discriminatory discoverability and accessibility of to content of general interest under defined general interest objectives such as media pluralism, freedom of speech and cultural diversity. Such obligations should only be imposed where they are necessary to meet general interest objectives clearly defined by Member States in conformity with Union law. Such obligations should moreover only be imposed when there is a threat to the diversity of opinion. In this respect, Member States should in particular examine the need for regulatory intervention against the results of the outcome of market forces. Where Member States decide to impose discoverability rules, they should only impose proportionate obligations on undertakings, in the interest of legitimate public policy considerations.
Amendment 352 #
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 providingis the provision of 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 362 #
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 or allows the making available of a large amount of programmes or user- generated videos, for which the video- sharing platform provider does not have editorial responsibility;
Amendment 371 #
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 – paragraph 1 – point a a – point ii
Article – paragraph 1 – point a a – point ii
(ii) the organisation of the stored content is determined by the provider of the service including by automatic means or algorithms, in particular by hosting, displaying, tagging and sequencing;
Amendment 388 #
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
(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;
Amendment 411 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Directive 2010/13/EU
Chapter II – Article –2 (new)
Chapter II – Article –2 (new)
Amendment 415 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 b (new)
Article 1 – paragraph 1 – point 2 b (new)
Directive 2010/13/EU
Chapter II – Article –2 a (new)
Chapter II – Article –2 a (new)
(2b) The following article is inserted: 'Article -2a 1. Member States shall ensure that audiovisual commercial communications provided by media service providers and video-sharing platform providers under their jurisdiction comply with the following requirements: (a) audiovisual commercial communications shall be readily recognisable as such. Surreptitious audiovisual commercial communication shall be prohibited; (b) audiovisual commercial communications shall not use subliminal techniques; (c) audiovisual commercial communications shall not: (i) prejudice respect for human dignity; (ii) include or promote any discrimination based on sex, racial or ethnic origin, nationality, religion or belief, disability, descent, age or sexual orientation; (iii) encourage behaviour prejudicial to health or safety; (iv) encourage behaviour grossly prejudicial to the protection of the environment; (d) all forms of audiovisual commercial communications for cigarettes, electronic cigarettes and other tobacco products shall be prohibited; (e) audiovisual commercial communications for alcoholic beverages shall not be aimed specifically at minors and shall not encourage immoderate consumption of such beverages; (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; (g) audiovisual commercial communications shall not cause physical or moral detriment to minors. Therefore they shall not directly exhort minors to buy or hire a product or 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 persons, or unreasonably show minors in dangerous situations. 2. Member States and the Commission shall encourage the development of co-regulatory codes of conduct regarding inappropriate audiovisual commercial communications. Those codes should aim at reducing the exposure of minors to audiovisual commercial communications for alcoholic beverages, avoid their exposure to audiovisual commercial communications advocating doctrines or beliefs and limit their exposure to audiovisual commercial communications of food and beverage that do not fit national or international nutritional guidelines.'
Amendment 420 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 c (new)
Article 1 – paragraph 1 – point 2 c (new)
Directive 2010/13/EU
Chapter II – Article –2 b (new)
Chapter II – Article –2 b (new)
Amendment 422 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 d (new)
Article 1 – paragraph 1 – point 2 d (new)
Directive 2010/13/EU
Chapter II Article –2 c (new)
Chapter II Article –2 c (new)
Amendment 424 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 e (new)
Article 1 – paragraph 1 – point 2 e (new)
Directive 2010/13/EU
Chapter II – Article –2 d (new)
Chapter II – Article –2 d (new)
(2e) The following article is inserted: 'Article -2d Member States shall ensure that media service providers and video-sharing platform providers under their jurisdiction do not transmit cinematographic works outside periods agreed with the rights holders.'
Amendment 426 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 f (new)
Article 1 – paragraph 1 – point 2 f (new)
Directive 2010/13/EU
Chapter II – Article –2 e (new)
Chapter II – Article –2 e (new)
(2f) The following article is inserted: 'Article -2e 1. Member States shall ensure that audiovisual media service providers and 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 media service provider or video-sharing platform provider; (b) the geographical address at which the media service provider or video- sharing platform provider is established; (c) the details of the media service provider or video-sharing platform provider, including its electronic mail address or company-website, which allow it to be contacted rapidly in a direct and effective manner; (d) the Member State having jurisdiction over the media service providers or video-sharing platform providers and the competent regulatory bodies or supervisory bodies. 2. Member States may waive the requirements laid down in paragraphs 1(b) and/or (d) for audiovisual media services providers operating through a video-sharing platform where such requirements would be disproportionate given its purpose and its low turnover or low audience in regards to the targeted market.'
Amendment 427 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 g (new)
Article 1 – paragraph 1 – point 2 g (new)
Directive 2010/13/EU
Chapter II – Article –2 f (new)
Chapter II – Article –2 f (new)
Amendment 439 #
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 a Member State in the following cases: (a) they use a satellite up-link situated incapacity appertaining to that Member State; (b) although they do not use a satellite up-link situated capacity appertaining thato a Member State, they use a satellite capacity appertaining to that Member State. (The amendment seeks to amend a provision within the existing act - Article 2, paragraph 4 -up-link situated in that Member State. Or. en that was not referred to in the Commission proposal)
Amendment 459 #
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 464 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2010/13/EU
Article 3 – paragraph 2 – introductory part
Article 3 – paragraph 2 – introductory part
2. Member States may provisionally derogate from paragraph 1, without prejudice to the communicative freedoms, if an audiovisual media service provided by a media service provider under the jurisdiction of another Member State:
Amendment 467 #
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 12, or both-2 (1);
Amendment 473 #
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 b
Article 3 – paragraph 2 – point b
(b) prejudices or presents a serious and grave risk of prejudice to public securityorder, including the safeguarding of national security and defence; or
Amendment 503 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
6. Member States may, in urgent cases, derogate from the conditions laid down in points (b) and (c) of paragraph 3. Where this is the case, the measures shall be notified in the shortest possible timewithin one month after their adoption to the Commission and to the Member State which has jurisdiction over the media service provider, setting out the reasons for which the Member State considers that there is such urgency that derogating from those conditions is necessary.
Amendment 509 #
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 timewithin two months after receiving the notification. 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 525 #
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)
1a. Member States shall inform European Commission, regulatory authorities of other Member States and ERGA about more detailed or stricter rules adopted according to paragraph 1.
Amendment 568 #
Proposal for a directive
Article 1 – paragraph 1 – point 7 – introductory part
Article 1 – paragraph 1 – point 7 – introductory part
Directive 2010/13/EU
Article 5
Article 5
(7) in Article 5, point (d) is replaced by the following: is deleted.
Amendment 572 #
Proposal for a directive
Article 1 – paragraph 1 – point 8 – introductory part
Article 1 – paragraph 1 – point 8 – introductory part
Directive 2010/13/EU
Article 6
Article 6
(8) Article 6 is replaced by the following:deleted.
Amendment 582 #
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2010/13/EU
Article 6 a
Article 6 a
Amendment 607 #
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 1. Member States shall ensure that media service providers under their jurisdiction make their services progressively accessible to people with a visual or hearing disability aiming for a complete accessibility by the end of 2027. 2. With regard to the implementation of this Article, Member States shall encourage self and co-regulatory codes of conduct. The Commission and ERGA shall encourage media service providers to exchange best practices 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 the European Economic and Social Committee a report on the application of this Article.';
Amendment 621 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – introductory part
Article 1 – paragraph 1 – point 11 – introductory part
Directive 2010/13/EU
Article 9
Article 9
(11) Article 9 is amended as follows:deleted.
Amendment 662 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 a (new)
Article 1 – paragraph 1 – point 11 a (new)
Directive 2010/13/EU
Article 9 a (new)
Article 9 a (new)
(11a) The following article is inserted : 'Article 9a Member States remain free to take appropriate measures ensuring the non- discriminatory appropriate prominence of audiovisual media services of general interest. Such measures shall be proportionate and meet general objectives such as media pluralism, freedom of speech, and cultural diversity clearly defined by Member States in accordance with Union law. Such obligations should only be imposed where they are necessary to meet general interest objectives clearly defined by Member States in conformity with Union law. In this respect, Member States should in particular examine the need for regulatory intervention against the results of the outcome of market forces. Where Member States decide to impose discoverability rules, they should only impose proportionate obligations on undertakings, in the interest of legitimate public policy considerations.';
Amendment 666 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – introductory part
Article 1 – paragraph 1 – point 12 – introductory part
Directive 2010/13/EU
Article 10
Article 10
(12) in Article 10, point (b) is replaced by the following: is deleted
Amendment 706 #
Proposal for a directive
Article 1 – paragraph 1 – point 14 – introductory part
Article 1 – paragraph 1 – point 14 – introductory part
Directive 2010/13/EU
Article 12
Article 12
(14) Article 12 is replaced by the following and moved to Chapter III:deleted.
Amendment 766 #
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 19 – paragraph 2
Article 19 – paragraph 2
Amendment 775 #
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
Amendment 810 #
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 822 #
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 a
Article 23 – paragraph 2 – point a
(a) announcements made by the broadcaster in connection with its own programmes and ancillary products directly derived from those programmes or with programmes from other entities belonging to the same media group;
Amendment 831 #
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 a (new)
Article 23 – paragraph 2 – point c a (new)
‘(ca) neutral frames used to separate programmes and advertising spots;’
Amendment 838 #
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 a
Article 28 a
Amendment 958 #
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 designates in which ofit shall be deemed to have been established in these Member States it shall be deemed to have been established where the majority of the workforce operates.
Amendment 961 #
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 a (new)
Article 28 b – paragraph 2 a (new)
2a. Where, in applying paragraph 1, 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 ERGA to provide an opinion on the matter within 15 working days from the submission of the Commission's request.
Amendment 1003 #
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 a national regulatory 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 duly justified dismissal decision shall be made public and a statement of reasons shall be made available to the public.
Amendment 1007 #
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. 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 ERGAeffectively to the tasks carried out by ERGA under this Directive.
Amendment 1039 #
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 and, if necessary, make further proposals to adapt it to the developments in the field of audiovisual media services, in particular in the light of technological developments, the evolution of consumer practices, the competitiveness of the sector and the level of media literacy in all Member States. The report shall also assess the issue of advertising practices, in particular when targeting children, the effective promotion of European works, and the effectiveness of the self and co regulation practices in all Member States.