61 Amendments of Andreas SCHWAB related to 2021/0381(COD)
Amendment 269 #
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) harmonised transparency obligations for sponsors, providers of political advertising and related services, including publishers, to retain, disclose and publish information connected to the provision of such services;
Amendment 277 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Regulation shall apply to paid political advertising prepared, placed, promoted, published or disseminated in the Union, or directed to individuals in one or several Member States, irrespective of the place of establishment of the advertising services provider, and irrespective of the means used.
Amendment 289 #
Proposal for a regulation
Article 1 – paragraph 4 – point i
Article 1 – paragraph 4 – point i
Amendment 305 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point b
Article 2 – paragraph 1 – point 2 – point b
(b) which is liable to influence the outcome of an election or referendum, a legislative or regulatory process or voting behaviour. It shall not include content, such as political views, as expressed under the responsibility of an editorial service provider via audiovisual media, including linear or non-linear broadcasts, or as published in printed or online media, unless it is meant as a political advertisement for which the service provider has been remunerated by a third party.
Amendment 330 #
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
7. ‘sponsor’ means the natural or legal person, citizen of the Union or legally established in its territory, responsible for a political advertisement or on whose behalf a political advertisement is prepared, placed, published or disseminated;
Amendment 355 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The provisions of political advertising services shall not be prohibited nor restricted, including geographically, on grounds related to transparency when the requirements of this Regulation are complied with.
Amendment 356 #
Proposal for a regulation
Article 3 a (new)
Article 3 a (new)
Article 3 a Cross border Political Advertising 1. The provision of political advertising services within the internal market may not be restricted solely on basis of the place of establishment of the sponsor. 2. The provision of cross border political advertising services to European Political Parties, can only be restricted by national law or European legislation other than this regulation.
Amendment 360 #
Proposal for a regulation
Article 3 b (new)
Article 3 b (new)
Article 3 b Non-discrimination 1. Political advertising publishers or providers of political advertising services shall not discriminate sponsors legally established in the European Union on grounds of their place of residence or, where applicable, establishment, when those actors request, conclude or hold a contract for political advertising within the Union. 2. Refusal to provide services in a Member State where political advertising publisher or providers of political advertising services do not conduct business shall not be considered discrimination.
Amendment 367 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Providers of advertising services, including publishers, shall request sponsors and providers of advertising services acting on behalf of sponsors to declare whether the advertising service they request the service provider to perform constitutes a political advertising service within the meaning of Article 2(5). Sponsors and providers of advertising services acting on behalf of sponsors shall make such a declaration and are responsible for its accuracy.
Amendment 371 #
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1 a. Political advertising publishers shall make best efforts to verify the authenticity of the declaration referred to in para 1 before disseminating the political advertising.
Amendment 372 #
Proposal for a regulation
Article 5 – paragraph 1 b (new)
Article 5 – paragraph 1 b (new)
1 b. Political advertising publishers shall make best efforts to verify the authenticity of the declaration referred to in para 1 before disseminating the political advertising.
Amendment 389 #
Proposal for a regulation
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
(d) where applicable, the identity of the sponsor and its contact details.
Amendment 393 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The information referred to in paragraph 1 shall be in writing and may be in electronic form. Such information shall be retained for a period of five years from the date of the last preparation, placement, publication or dissemination, as the case may be.
Amendment 395 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. PSponsors or providers of political advertising services acting on behalf of a sponsor shall ensure that the information referred to in paragraph 1 is communicated to the political advertising publisher which will disseminate the political advertisement to enable political advertising publishers to comply with their obligations under this Regulation. That information shall be transmitted, in a timely and accurate manner in accordance with best practice and industry standards, by means of a standardised automated process where technically possible.
Amendment 404 #
Proposal for a regulation
Article 7 – paragraph 1 – point b a (new)
Article 7 – paragraph 1 – point b a (new)
Amendment 421 #
Proposal for a regulation
Article 7 – paragraph 2 – point b a (new)
Article 7 – paragraph 2 – point b a (new)
(b a) where applicable the reach of the political message;
Amendment 422 #
Proposal for a regulation
Article 7 – paragraph 2 – point c
Article 7 – paragraph 2 – point c
(c) based among others on information received in line with Article 6(3), information on the aggregated amounts spent or other benefits received in part or full exchange for the preparation, placement, promotion, publication and dissemination of the relevant advertisement, and of the political advertising campaign where relevant, and their sources;
Amendment 439 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Political advertising publishers shall make reasonable efforts to ensure that the information referred to in paragraph 1 and 2 is complete, and where they find this is not the case, they. Where Political advertising publishers find this is not the case, before and during its dissemination, they shall contact sponsors to provide the relevant information, within a reasonable time period. Should the Sponsor or the Service provider acting on its behalf not react following the previous sub para, the Publisher shall not make available the political advertisement or shall take it down if already disseminated.
Amendment 452 #
Proposal for a regulation
Article 7 – paragraph 4 a (new)
Article 7 – paragraph 4 a (new)
4 a. Sponsors or providers of political advertising services acting on behalf of a sponsor shall guarantee the accuracy of the information referred to in paragraph 2, before, during and after its publication. They shall also ensure timely transmission to Political Advertising publishers of such information.
Amendment 454 #
Proposal for a regulation
Article 7 – paragraph 4 b (new)
Article 7 – paragraph 4 b (new)
4 b. Publishers shall guarantee before the dissemination of the political advertising the accuracy of the information referred to in paragraph 2 (a).
Amendment 455 #
Proposal for a regulation
Article 7 – paragraph 4 c (new)
Article 7 – paragraph 4 c (new)
4 c. Online intermediaries in the sense of Regulation (EU) 2021/xxx [the DSA] shall make publicly available the procedure for identity verification of political sponsors. It shall not take longer than 2 working days and must not require more than the strictly necessary for such verification.
Amendment 474 #
Proposal for a regulation
Article 7 a (new)
Article 7 a (new)
Article 7 a The Commission shall, by means of delegated acts, adopt technical specifications for the implementation of the transparency notice referred in paragraphs 1 and 2 adapted for the audiovisual sector, printed media and offline advertising before 2024.
Amendment 479 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Where they provide political advertising services are provided, advertising publishers shall include information on the amounts or the value of other benefits received in part or full exchange for those services, including on the use of targeting and amplification techniques, aggregated by campaign, as part of their management report within the meaning of Article 19 of Directive 2013/34/EU in their annual financial statements.
Amendment 485 #
Proposal for a regulation
Article 9 – title
Article 9 – title
9 Indicating possibly unlawful political advertisements in printed media and offline
Amendment 486 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
Amendment 491 #
Proposal for a regulation
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1 a. Where political advertising services are provided, the sponsor shall put mechanisms in place to allow any individual or entity to notify them that a particular advertisement which they have published does not comply with this Regulation. Those mechanisms shall be easy to access, user-friendly, free of charge and allow for the submission of notices exclusively by electronic means.
Amendment 493 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
Amendment 496 #
Proposal for a regulation
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
2 a. The mechanisms referred to in paragraph 1shall be such as to facilitate the submission of sufficiently precise and adequately substantiated notices.To that end, advertising publishers shall take the necessary measures to enable and facilitate the submission of notices containing all of the following elements: (a) a sufficiently substantiated explanation of the reasons why the individual or entity alleges the advertisement in question does not comply with this regulation; b) information enabling the identification of the political advertisement; (c) the name and an electronic mail address of the individual or entity submitting the notice; (d) a statement confirming the good faith belief of the individual or entity submitting the notice that the information and allegations contained therein are accurate and complete.
Amendment 498 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
Amendment 505 #
Proposal for a regulation
Article 9 – paragraph 3 a (new)
Article 9 – paragraph 3 a (new)
3 a. Where the notice contains an electronic contact information of the individual or entity that submitted it, publishers shall, without undue delay: (a) send a confirmation of receipt of the notice to that individual or entity. (b) inform that individual or entity of its decision.
Amendment 507 #
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
Amendment 509 #
Proposal for a regulation
Article 9 – paragraph 4 a (new)
Article 9 – paragraph 4 a (new)
4 a. Publishers shall process any notices that they receive under the mechanisms referred to in paragraph 1 and take their decisions in respect of the information to which the notices relate, in a timely, diligent and objective manner. Where they use automated means for that processing or decision-making, they shall include information on such use in the notifications referred to in paragraph 3.
Amendment 512 #
4 b. Repetitive notifications under paragraph 1 regarding the same advertisement or advertising campaign may be responded to collectively, including by reference to an announcement on the website of the political advertising publisher concerned.
Amendment 514 #
Proposal for a regulation
Article 9 – paragraph 4 c (new)
Article 9 – paragraph 4 c (new)
4 c. The Commission shall, by means of delegated acts, adopt technical specifications, adapted to the printed media sector and another for offline advertising, for the mechanism referred to in paragraph 1.
Amendment 515 #
Proposal for a regulation
Article 9 a (new)
Article 9 a (new)
Amendment 516 #
Proposal for a regulation
Article 9 b (new)
Article 9 b (new)
Amendment 517 #
Proposal for a regulation
Article 10 – paragraph 1 – introductory part
Article 10 – paragraph 1 – introductory part
1. Competent national authorities shall have the power to request that a provider of political advertising services and publishers transmits the information referred to in Articles 6, 7 and 8. The transmitted information must be complete, accurate and trustworthy,correspond to the information retained pursuant to article 6 and provided in a clear, coherent, consolidated and intelligible format. Where technically possible, the information shall be transmitted in a machine readable format.
Amendment 533 #
Proposal for a regulation
Article 11 – paragraph 2 – point d a (new)
Article 11 – paragraph 2 – point d a (new)
(d a) journalists accredited in a Member State by national, European or international bodies.
Amendment 534 #
Proposal for a regulation
Article 11 – paragraph 2 – subparagraph 1
Article 11 – paragraph 2 – subparagraph 1
Amendment 558 #
Proposal for a regulation
Article 12 – paragraph 3 – introductory part
Article 12 – paragraph 3 – introductory part
3. When using targeting or amplification techniques in the context of political advertising involving the processing of personal data, controllline publishers shall, in addition to the requirements laid down in Regulation (EU) 2016/679 and, Regulation (EU) 2018/1725 and Regulation (EU)2021/xxx [DSA], as applicable, comply with the following requirements:
Amendment 562 #
5. Political advertising publishers making use of targeting or amplification techniques referred to in paragraph 3 shall include in or together with the advertisement and in the transparency notice required under Article 7 a reference to effective means to support individuals exercise their rights under Regulation (EU) 2016/679. The transparency notice shall visibly link to an easily accessible interface in which users can give or refuse their consent, to opt-out from being subject to targeting and amplification techniques as specified in paragraph 1.
Amendment 577 #
Proposal for a regulation
Article 14 – paragraph 2 a (new)
Article 14 – paragraph 2 a (new)
2 a. It shall be possible for the designated legal representative to be held liable for non-compliance with obligations under this Regulation, without prejudice to the liability and legal actions that could be initiated against the service provider.
Amendment 578 #
Proposal for a regulation
Article 14 – paragraph 2 b (new)
Article 14 – paragraph 2 b (new)
2 b. Service providers shall provide the legal representative with necessary powers and sufficient resources to guarantee its efficient and timely cooperation with the Member States’ relevant competent authorities and, where relevant, the Commission.
Amendment 580 #
Proposal for a regulation
Article 14 – paragraph 2 c (new)
Article 14 – paragraph 2 c (new)
2 c. Service providers shall notify the name, postal address, email address and telephone number of their legal representative to the National Coordinator in the Member State where that legal representative resides or is established. They shall ensure that that information is publicly available, easily accessible, accurate and kept up to date.
Amendment 581 #
Proposal for a regulation
Article 14 – paragraph 2 d (new)
Article 14 – paragraph 2 d (new)
2 d. The designation of a legal representative within the Union pursuant to paragraph 1 shall not constitute an establishment in the Union.
Amendment 583 #
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. Member States shall designate competent authoritiesThe Digital Services coordinator referred to in article 38 of Regulation (EU) 2021/xxx[DSA] shall be competent to monitor the compliance of providers of intermediary services within the meaning of Regulation (EU) 2021/xxx [DSA] with the obligations laid down in Articles 5 to 11 and 14 of this Regulation, where applicable. The competent authorities designated under Regulation (EU) 2021/xxx [Digital Services Act] may also be one of the competent authorities designated to monitor the compliance of online intermediaries with the obligations laid down in Articles 5 to 11 and 14 of this Regulation. The Digital Services Coordinator referred to in Article 38 of Regulation (EU) 2021/xxx in each Member State shallDigital Services Coordinator shall also be responsible for ensuring coordination at national level in respect of providers of intermediary services as defined by Regulation (EU) 2021/xxx [Digital Services Act]. Article 45(1) to (4) and Article 46(1) of Regulation (EU) 2021/xxx [Digital Services Act] shall be applicable for matters related to the application of this Regulation as regards providers of intermediary services.
Amendment 588 #
Proposal for a regulation
Article 15 – paragraph 2 a (new)
Article 15 – paragraph 2 a (new)
2 a. The European Commission shall have exclusive competence to monitor the compliance of very large online platforms and very large search engines within the meaning of Regulation (EU) 2021/xxx [DSA] with the obligations laid down in this Regulation.
Amendment 589 #
Proposal for a regulation
Article 15 – paragraph 2 b (new)
Article 15 – paragraph 2 b (new)
2 b. Article 44a, Article 44b, 45(1) to (4), Article 45a, and Article 46(1) of Regulation(EU) 2021/xxx [Digital Services Act] shall be applicable for matters related to the application of this Regulation as regards providers of intermediary services.
Amendment 590 #
Proposal for a regulation
Article 15 – paragraph 2 c (new)
Article 15 – paragraph 2 c (new)
2 c. The supervisory authorities referred to in Article 30 of Directive (EU) 2010/13/EU shall be competent to monitor the compliance of media service providers within the meaning of Directive (EU) 2010/13/EU (AVMSD).
Amendment 593 #
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. Each Member State shall designate one or more competent authorities to be responsible for the application and enforcement of the aspects of this Regulation not referred to in paragraphs 1, 2 and 2c. Each competent authority designated under this paragraph shall structurally enjoy full independence both from the sector and from any external intervention or political pressure. It shall in full independence effectively monitor and take the measures necessary and proportionate to ensure compliance with this Regulation.
Amendment 597 #
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
4. Competent authorities referred to in the previous paragraph 3s, where exercising their supervisory tasks in relation to this Regulation, shall have, at least, the power to request to access data, documents or any necessary information from providers of political advertising services for the performance of their supervisory tasks.
Amendment 599 #
Proposal for a regulation
Article 15 – paragraph 5 – introductory part
Article 15 – paragraph 5 – introductory part
5. Competent authorities referred to in previous paragraph 3,s where exercising their enforcement powers in relation to this Regulation, shall have the power to:
Amendment 609 #
Proposal for a regulation
Article 15 – paragraph 6
Article 15 – paragraph 6
Amendment 612 #
Proposal for a regulation
Article 15 – paragraph 7
Article 15 – paragraph 7
Amendment 621 #
Proposal for a regulation
Article 15 – paragraph 8 – point a
Article 15 – paragraph 8 – point a
(a) the competent authorities applying supervisory or enforcement measures in a Member State shall, via the contact pointnational coordinators referred to in paragraph 7ticle 15a, inform and consult the competent authorities in the other Member State(s) concerned on the supervisory and enforcement measures taken and their follow-up;
Amendment 624 #
Proposal for a regulation
Article 15 – paragraph 8 – point b
Article 15 – paragraph 8 – point b
(b) a competent authority may request, via the contact pointnational coordinators referred to in paragraph 7ticle 15a, in a substantiated, justified and proportionate manner, another competent authority, where it is better placed, to take the supervisory or enforcement measures referred to in paragraphs 4 and 5; and
Amendment 628 #
Proposal for a regulation
Article 15 – paragraph 8 – point c
Article 15 – paragraph 8 – point c
(c) a competent authority shall, upon receipt of a justified request from another competent authority, provide the other competent authority with assistance so that the supervision or enforcement measures referred to in paragraphs 4 and 5 can be implemented in an effective, efficient and consistent manner. The relevant competent authority so requested shall, via the contact pointnational coordinators referred to in paragraph 7ticle 15a and within a timeframe proportionate to the urgency of the request provide a response communicating the information requested, or informing that it does not consider that the conditions for requesting assistance under this Regulation have been met. Any information exchanged in the context of assistance requested and provided under this Article shall be used only in respect of the matter for which it was requested.
Amendment 630 #
Proposal for a regulation
Article 15 – paragraph 9
Article 15 – paragraph 9
Amendment 635 #
Proposal for a regulation
Article 15 a (new)
Article 15 a (new)
Article 15 a National coordinator 1. Each Member State shall designate a national coordinator for the purposes of this Regulation. The national coordinator shall carry out the following tasks: (a) act as national contact point for the Commission for all matters relating to the implementation of this Regulation; (b) ensure cooperation among competent authorities in particular in the framework of national elections networks, to facilitate the swift and secured exchange of information on issues connected to the exercise of their supervisory and enforcement tasks pursuant to this Regulation, including by jointly identifying infringements, sharing findings and expertise, and liaising on the application and enforcement of relevant rules. 2. National Coordinators shall meet periodically at Union level in the framework of the European Cooperation Network on Elections to facilitate the swift and secured exchange of information on issues connected to the exercise of their supervisory and enforcements tasks pursuant to this Regulation.
Amendment 645 #
Proposal for a regulation
Article 16 – paragraph 3 – point e a (new)
Article 16 – paragraph 3 – point e a (new)
(e a) the size and economic capacity of the political advertising service provider.
Amendment 656 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
Within two years after each election to the European Parliament and for the first time by 31 December 20265 at the latest, the Commission shall submit a report on the evaluation and review of this Regulation. This report shall assess the need for amendment to this Regulation. The report shall be made public.