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61 Amendments of Louis MICHEL related to 2016/0151(COD)

Amendment 105 #
Marc JOULAUD, Bogdan Brunon WENTA, Jean-Marie CAVADA, Louis MICHEL, Frédérique RIES
Proposal for a directive
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).
2016/10/27
Committee: CULT
Amendment 112 #
Marc JOULAUD, Bogdan Brunon WENTA, Jean-Marie CAVADA, Louis MICHEL, Frédérique RIES
Proposal for a directive
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.
2016/10/27
Committee: CULT
Amendment 114 #
Frédérique RIES, Louis MICHEL, Gérard DEPREZ
Proposal for a directive
Recital 3 a (new)
(3a) The criteria used to determine which Member State has jurisdiction over an audiovisual media service should include a reference to the Member State in which the editorial decisions concerning the audiovisual media service in question are taken. Editorial decisions are decisions taken on a day-to-day basis, in particular by programme directors and editors-in-chief, in the context of an approved programme schedule. The place in which editorial decisions are taken is the normal place of work of the persons who take them.
2016/10/27
Committee: CULT
Amendment 120 #
Frédérique RIES, Louis MICHEL, Gérard DEPREZ
Proposal for a directive
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 2, 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 opinions on jurisdiction upon the Commission's request.
2016/10/27
Committee: CULT
Amendment 141 #
Marc JOULAUD, Bogdan Brunon WENTA, Jean-Marie CAVADA, Louis MICHEL
Proposal for a directive
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.
2016/10/27
Committee: CULT
Amendment 142 #
Marc JOULAUD, Bogdan Brunon WENTA, Jean-Marie CAVADA, Theodoros ZAGORAKIS, Louis MICHEL, Frédérique RIES, Andrea BOCSKOR
Proposal for a directive
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
2016/10/27
Committee: CULT
Amendment 168 #
Marc JOULAUD, Bogdan Brunon WENTA, Jean-Marie CAVADA, Louis MICHEL
Proposal for a directive
Recital 13
(13) The market for TV broadcasting has evolved and that there is a need for more flexibility with regard to audiovisual commercial communications, in particular for quantitative rules for linear audiovisual media services, product placement and sponsorship. The emergence of new services, including without advertising, has led to a greater choice for viewers, who can easily switch to alternative offers.Deleted
2016/10/27
Committee: CULT
Amendment 180 #
Marc JOULAUD, Bogdan Brunon WENTA, Jean-Marie CAVADA, Louis MICHEL
Proposal for a directive
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.
2016/10/27
Committee: CULT
Amendment 186 #
Marc JOULAUD, Bogdan Brunon WENTA, Jean-Marie CAVADA, Louis MICHEL
Proposal for a directive
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.
2016/10/27
Committee: CULT
Amendment 199 #
Marc JOULAUD, Bogdan Brunon WENTA, Jean-Marie CAVADA, Louis MICHEL
Proposal for a directive
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.
2016/10/27
Committee: CULT
Amendment 200 #
Marc JOULAUD, Bogdan Brunon WENTA, Jean-Marie CAVADA, Louis MICHEL, Andrea BOCSKOR
Proposal for a directive
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.
2016/10/27
Committee: CULT
Amendment 208 #
Marc JOULAUD, Bogdan Brunon WENTA, Jean-Marie CAVADA, Louis MICHEL
Proposal for a directive
Recital 19
(19) While this Directive does not increase the overall amount of admissible advertising time during the period from 7:00 to 23:00, it is important for broadcasters to have more flexibility and to be able to decide when to place advertising in order to maximise advertisers' demand and viewers' flow. The hourly limit should thus be abolished while a daily limit of 20% of advertising within the period from 7:00 to 23:00 should be introduced.deleted
2016/10/27
Committee: CULT
Amendment 224 #
Marc JOULAUD, Bogdan Brunon WENTA, Jean-Marie CAVADA, Louis MICHEL
Proposal for a directive
Recital 20
(20) Many broadcasters are part of larger media groups and make announcements not only in connection with their own programmes and ancillary products directly derived from those programmes but also in relation with programmes from other entities belonging to the same media group. Transmission time allotted to announcements made by the broadcaster in connection with programmes from other entities belonging to the same media group should not be included in the maximum amount of daily transmission time that may be allotted to advertising and teleshopping.deleted
2016/10/27
Committee: CULT
Amendment 226 #
Marc JOULAUD, Bogdan Brunon WENTA, Jean-Marie CAVADA, Louis MICHEL
Proposal for a directive
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.
2016/10/27
Committee: CULT
Amendment 262 #
Marc JOULAUD, Bogdan Brunon WENTA, Jean-Marie CAVADA, Louis MICHEL, Frédérique RIES
Proposal for a directive
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.
2016/10/27
Committee: CULT
Amendment 275 #
Marc JOULAUD, Bogdan Brunon WENTA, Jean-Marie CAVADA, Louis MICHEL, Frédérique RIES
Proposal for a directive
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.
2016/10/27
Committee: CULT
Amendment 296 #
Marc JOULAUD, Bogdan Brunon WENTA, Jean-Marie CAVADA, Louis MICHEL
Proposal for a directive
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).
2016/10/27
Committee: CULT
Amendment 304 #
Marc JOULAUD, Bogdan Brunon WENTA, Jean-Marie CAVADA, Louis MICHEL, Frédérique RIES
Proposal for a directive
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.
2016/10/27
Committee: CULT
Amendment 307 #
Marc JOULAUD, Bogdan Brunon WENTA, Jean-Marie CAVADA, Louis MICHEL
Proposal for a directive
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.
2016/10/27
Committee: CULT
Amendment 332 #
Marc JOULAUD, Bogdan Brunon WENTA, Jean-Marie CAVADA, Louis MICHEL
Proposal for a directive
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.
2016/10/27
Committee: CULT
Amendment 352 #
Marc JOULAUD, Bogdan Brunon WENTA, Jean-Marie CAVADA, Louis MICHEL
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point a
Directive 2010/13/EU
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;;
2016/10/27
Committee: CULT
Amendment 362 #
Marc JOULAUD, Bogdan Brunon WENTA, Jean-Marie CAVADA, Louis MICHEL, Frédérique RIES
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Directive 2010/13/EU
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;
2016/10/27
Committee: CULT
Amendment 371 #
Marc JOULAUD, Bogdan Brunon WENTA, Jean-Marie CAVADA, Louis MICHEL
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Directive 2010/13/EU
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;
2016/10/27
Committee: CULT
Amendment 388 #
Marc JOULAUD, Bogdan Brunon WENTA, Jean-Marie CAVADA, Louis MICHEL
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point d
Directive 2010/13/EU
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;
2016/10/27
Committee: CULT
Amendment 411 #
Marc JOULAUD, Bogdan Brunon WENTA, Louis MICHEL, Frédérique RIES, Jean-Marie CAVADA
Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)
Directive 2010/13/EU
Chapter II – Article –2 (new)
(2a) The following article is inserted: 'Article -2 1. Without prejudice to Articles 14 and 15 of Directive 2000/31/EC, Member States shall ensure that media service providers and video-sharing platform providers under their jurisdiction take appropriate and proportionate measures to: (a) protect all citizens from programmes or user-generated videos containing any incitement to the commission of terrorist acts or inciting to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex, racial or ethnic origin, religion or belief, disability, age, sexual orientation, descent or national origin. (b) protect minors from programmes or user-generated videos which may impair their physical, mental or moral development. Such content shall only be made available in such a way as to ensure that minors will not normally hear or see it. Such measures may include selecting the time of their availability, age verification tools, parental control systems, user reporting or flagging system or other technical measures. The most harmful content, such as gratuitous violence and pornography, shall be subject to the strictest measures. 2. What constitutes an appropriate measure for the purposes of paragraph 1 shall be determined in light of the nature of the content in question, shall be proportionate to the harm it may cause, the characteristics of the category of persons to be protected as well as the rights and legitimate interests at stake, including those of providers and the users having uploaded the content as well as the public interest and respect of communicative freedoms. Providers shall provide sufficient information to viewers about such content, through a system of descriptors indicating the nature of the content. 3. For the purposes of the implementation of the measures referred to in paragraphs 1 and 2, Member States shall encourage co-regulation as provided for in Article -2f(3) and (4). Member States shall establish the necessary mechanisms to assess the appropriateness of the measures referred to in paragraphs 2 of this Article. Member States shall entrust this task to the bodies designated in accordance with Article 30. When adopting such measures, the Member States shall respect the conditions set by applicable Union law, in particular Article 14 and 15 of Directive 2000/31/EC or Article 25 of Directive 2011/93/EU 4. Member States shall ensure that complaint and redress mechanisms are available for the settlement of disputes between recipients of a service or users having uploaded a content and media service providers or video-sharing platform providers, relating to the application of the appropriate measures referred to in paragraphs 1 and 2.'
2016/10/27
Committee: CULT
Amendment 415 #
Marc JOULAUD, Bogdan Brunon WENTA, Jean-Marie CAVADA, Louis MICHEL
Proposal for a directive
Article 1 – paragraph 1 – point 2 b (new)
Directive 2010/13/EU
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.'
2016/10/27
Committee: CULT
Amendment 420 #
Marc JOULAUD, Bogdan Brunon WENTA, Jean-Marie CAVADA, Louis MICHEL
Proposal for a directive
Article 1 – paragraph 1 – point 2 c (new)
Directive 2010/13/EU
Chapter II – Article –2 b (new)
(2c) The following article is inserted: 'Article -2b 1. Audiovisual media services, video- sharing platform services, programmes or user-generated videos that are sponsored shall meet the following requirements: (a) their content and, in the case of television broadcasting, their scheduling shall in no circumstances be influenced in such a way as to affect the responsibility and editorial independence of the service provider; (b) they shall not directly encourage the purchase or rental of goods or services, in particular by making special promotional references to those goods or services; (c) viewers shall be clearly informed of the existence of a sponsorship agreement. Sponsored programmes or user-generated videos shall be clearly identified as such by the name, logo and/or any other symbol of the sponsor such as a reference to its product(s) or service(s) or a distinctive sign thereof in an appropriate way for programmes at the beginning and the end of the programmes or user-generated videos and, in the case of user-generated videos, in the description of the content. 2. Audiovisual media services, user- generated videos or programmes shall not be sponsored by undertakings whose principal activity is the manufacture or sale of cigarettes, electronic cigarettes and other tobacco products. 3. The sponsorship of audiovisual media services, video-sharing platform services, user-generated videos or programmes by undertakings whose activities include the manufacture or sale of medicinal products and medical treatment may promote the name or the image of the undertaking, but shall not promote specific medicinal products or medical treatments available only on prescription in the Member State within whose jurisdiction the media service provider falls.'
2016/10/27
Committee: CULT
Amendment 422 #
Marc JOULAUD, Bogdan Brunon WENTA, Jean-Marie CAVADA, Louis MICHEL
Proposal for a directive
Article 1 – paragraph 1 – point 2 d (new)
Directive 2010/13/EU
Chapter II Article –2 c (new)
(2d) The following article is inserted: 'Article -2c 1. This Article shall apply only to programmes produced after 19 December 2009. 2. Product placement shall be admissible in user-generated videos and all audiovisual media services, except in news and current affairs programmes, consumer affairs programmes, religious programmes and children's programmes or any other content aiming children's audience. 3. Programmes or user-generated videos that contain product placement shall meet the following requirements: (a) their content and, in the case of television broadcasting, their scheduling shall in no circumstances be influenced in such a way as to affect the responsibility and editorial independence of the media service provider; (b) they shall not directly encourage the purchase or rental of goods or services, in particular by making special promotional references to those goods or services; (c) they shall not give undue prominence to the product in question; (d) viewers shall be clearly informed of the existence of product placement. Programmes or user-generated videos containing product placement shall be appropriately identified at the start and the end of the programme and, in the case of user-generated videos, in the description of the content. By way of exception, Member States may choose to waive the requirements set out in point (d) of the first subparagraph provided that the programme concerned has neither been produced nor commissioned by the service provider itself or a company affiliated to the service provider. In any event programmes or user- generated videos shall not contain product placement of: (a) tobacco products or cigarettes or electronic cigarettes or product placement from undertakings whose principal activity is the manufacture or sale of cigarettes and other tobacco products; (b) specific medicinal products or medical treatments available only on prescription in the Member State under whose jurisdiction the media service provider falls.'
2016/10/27
Committee: CULT
Amendment 424 #
Marc JOULAUD, Bogdan Brunon WENTA, Jean-Marie CAVADA, Louis MICHEL
Proposal for a directive
Article 1 – paragraph 1 – point 2 e (new)
Directive 2010/13/EU
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.'
2016/10/27
Committee: CULT
Amendment 426 #
Marc JOULAUD, Bogdan Brunon WENTA, Jean-Marie CAVADA, Louis MICHEL
Proposal for a directive
Article 1 – paragraph 1 – point 2 f (new)
Directive 2010/13/EU
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.'
2016/10/27
Committee: CULT
Amendment 427 #
Marc JOULAUD, Bogdan Brunon WENTA, Jean-Marie CAVADA, Louis MICHEL, Andrea BOCSKOR
Proposal for a directive
Article 1 – paragraph 1 – point 2 g (new)
Directive 2010/13/EU
Chapter II – Article –2 f (new)
(2g) The following article is inserted: ‘Article -2f 1. Member States shall, by appropriate means, ensure, within the framework of their legislation, that media service providers and video-sharing platform providers under their jurisdiction effectively comply with the provisions of this Directive. 2. Member States shall remain free to require media service providers and video- sharing platform providers under their jurisdiction to comply with more detailed or stricter rules with regard to Articles -2 to -2e, Article 7, Article 13, Article 16, Article 17, Articles 19 to 26, Articles 30 and 30a provided that such rules are in compliance with Union law and in respect of communicative freedoms. 3. Member States shall encourage co- 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 broadly accepted by stakeholders in the Member States concerned. The codes of conduct shall clearly and unambiguously set out their objectives. National regulatory bodies shall provide for regular, transparent and independent monitoring and evaluation of the achievement of the objectives aimed at in these codes. The codes shall provide for effective enforcement by the national regulatory bodies, including effective and proportionate sanctions. 4. The Commission and ERGA shall encourage media service providers and video-sharing platform providers to exchange best practices on co-regulatory systems across the Union. 5. In co-operation with the Member States, the Commission shall facilitate the development of Union codes of conduct in consultation with media service providers and video-sharing platform providers where appropriate. Draft Union codes of conduct and amendments or extensions to existing Union codes of conduct shall be submitted to the Commission by the signatories of these codes. The contact committee established pursuant Article 29 shall approve the drafts, amendments or extensions of those codes on the basis of an opinion of ERGA. The Commission shall publish those codes. ERGA shall provide the Commission and the contact committee with a regular transparent and independent monitoring and evaluation of the achievement of the objectives aimed at in these Union codes of conduct. 6. If a national independent regulatory body concludes that any code of conduct or parts of it have proven to be not effective enough the Member State of this regulatory body remains free to require media service providers and video- sharing platform providers under their jurisdiction to comply with more detailed or stricter rules in compliance with Union law and in respect of communicative freedoms. Such legislation has to be reported to the Commission without delay. 7. Directive 2000/31/EC shall apply unless otherwise provided for in this Directive. In the event of a conflict between a provision of Directive 2000/31/EC and a provision of this Directive, the provisions of this Directive shall prevail, unless otherwise provided for in this Directive.’
2016/10/27
Committee: CULT
Amendment 439 #
Marc JOULAUD, Bogdan Brunon WENTA, Jean-Marie CAVADA, Louis MICHEL
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a a (new)
Directive 2010/13/EU
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)
2016/10/27
Committee: CULT
Amendment 455 #
Frédérique RIES, Louis MICHEL, Gérard DEPREZ
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point b
Directive 2010/13/EU
Article 2 – paragraph 5 b
5b. Where, in applying Articles 2, 3 and 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 in Articles 3(5) and 4(5) shall be suspended until ERGA has adopted an opinion.";
2016/10/27
Committee: CULT
Amendment 459 #
Marc JOULAUD, Bogdan Brunon WENTA, Jean-Marie CAVADA, Louis MICHEL
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point b a (new)
Directive 2010/13/EU
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.
2016/10/27
Committee: CULT
Amendment 464 #
Marc JOULAUD, Bogdan Brunon WENTA, Jean-Marie CAVADA, Louis MICHEL
Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive 2010/13/EU
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:
2016/10/27
Committee: CULT
Amendment 467 #
Marc JOULAUD, Bogdan Brunon WENTA, Jean-Marie CAVADA, Louis MICHEL
Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive 2010/13/EU
Article 3 – paragraph 2 – point a
(a) manifestly, seriously and gravely infringes Articles 6 or 12, or both-2 (1);
2016/10/27
Committee: CULT
Amendment 473 #
Marc JOULAUD, Bogdan Brunon WENTA, Jean-Marie CAVADA, Louis MICHEL
Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive 2010/13/EU
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
2016/10/27
Committee: CULT
Amendment 503 #
Marc JOULAUD, Bogdan Brunon WENTA, Jean-Marie CAVADA, Louis MICHEL, Andrea BOCSKOR
Proposal for a directive
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.
2016/10/27
Committee: CULT
Amendment 509 #
Marc JOULAUD, Bogdan Brunon WENTA, Jean-Marie CAVADA, Louis MICHEL
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 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.
2016/10/27
Committee: CULT
Amendment 525 #
Marc JOULAUD, Bogdan Brunon WENTA, Jean-Marie CAVADA, Louis MICHEL
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point a a (new)
Directive 2010/13/EU
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.
2016/10/27
Committee: CULT
Amendment 537 #
Frédérique RIES, Louis MICHEL, Gérard DEPREZ
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point c
Directive 2010/13/EU
Article 4 – paragraph 4 – point a
(a) it has notified the Commission and the Member State in which the broadcastaudiovisual media service provider is established of its intention to take such measures while substantiating the grounds on which it bases its assessment;
2016/10/27
Committee: CULT
Amendment 540 #
Frédérique RIES, Louis MICHEL, Gérard DEPREZ
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point c
Directive 2010/13/EU
Article 4 – paragraph 4 – point b
(b) it has respected the rights of defence of the broadcastaudiovisual media service provider 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;
2016/10/27
Committee: CULT
Amendment 568 #
Marc JOULAUD, Bogdan Brunon WENTA, Jean-Marie CAVADA, Louis MICHEL
Proposal for a directive
Article 1 – paragraph 1 – point 7 – introductory part
Directive 2010/13/EU
Article 5
(7) in Article 5, point (d) is replaced by the following: is deleted.
2016/10/27
Committee: CULT
Amendment 572 #
Marc JOULAUD, Bogdan Brunon WENTA, Jean-Marie CAVADA, Louis MICHEL
Proposal for a directive
Article 1 – paragraph 1 – point 8 – introductory part
Directive 2010/13/EU
Article 6
(8) Article 6 is replaced by the following:deleted.
2016/10/27
Committee: CULT
Amendment 582 #
Marc JOULAUD, Bogdan Brunon WENTA, Jean-Marie CAVADA, Louis MICHEL
Proposal for a directive
Article 1 – paragraph 1 – point 9
Directive 2010/13/EU
Article 6 a
(9) the following Article 6a is inserted: ‘Article 6a 1. Member States shall ensure that audiovisual media service providers provide sufficient information to viewers about content which may impair the physical, mental or moral development of minors. For this purpose, Member States may use a system of descriptors indicating the nature of the content of an audiovisual media service. 2. Article, Member States shall encourage co-regulation. 3. 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 For the implementation of this The Commission and ERGA shall
2016/10/27
Committee: CULT
Amendment 607 #
Marc JOULAUD, Bogdan Brunon WENTA, Jean-Marie CAVADA, Louis MICHEL, Frédérique RIES, Andrea BOCSKOR
Proposal for a directive
Article 1 – paragraph 1 – point 10
Directive 2010/13/EU
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.';
2016/10/27
Committee: CULT
Amendment 621 #
Marc JOULAUD, Bogdan Brunon WENTA, Jean-Marie CAVADA, Louis MICHEL
Proposal for a directive
Article 1 – paragraph 1 – point 11 – introductory part
Directive 2010/13/EU
Article 9
(11) Article 9 is amended as follows:deleted.
2016/10/27
Committee: CULT
Amendment 662 #
Marc JOULAUD, Bogdan Brunon WENTA, Jean-Marie CAVADA, Louis MICHEL
Proposal for a directive
Article 1 – paragraph 1 – point 11 a (new)
Directive 2010/13/EU
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.';
2016/10/27
Committee: CULT
Amendment 666 #
Marc JOULAUD, Bogdan Brunon WENTA, Jean-Marie CAVADA, Louis MICHEL
Proposal for a directive
Article 1 – paragraph 1 – point 12 – introductory part
Directive 2010/13/EU
Article 10
(12) in Article 10, point (b) is replaced by the following: is deleted
2016/10/27
Committee: CULT
Amendment 706 #
Marc JOULAUD, Bogdan Brunon WENTA, Jean-Marie CAVADA, Louis MICHEL
Proposal for a directive
Article 1 – paragraph 1 – point 14 – introductory part
Directive 2010/13/EU
Article 12
(14) Article 12 is replaced by the following and moved to Chapter III:deleted.
2016/10/27
Committee: CULT
Amendment 766 #
Marc JOULAUD, Bogdan Brunon WENTA, Jean-Marie CAVADA, Louis MICHEL
Proposal for a directive
Article 1 – paragraph 1 – point 15 a (new)
Directive 2010/13/EU
Article 19 – paragraph 2
2. Isolated advertising and teleshopping spots, other than in transmissions of sports events, shall remain the exception. (This amendment seeks to amend a provision within the existing act - Article 19, paragraph 2 - that was not referred to in the Commission proposal. Please note however that this amendment does not open any new substantial point in the revision of the Directive, but merely introduces a change necessary to ensure the legal consistency with the MEPs'(15a) In Article 19, paragraph 2 is amended as follows : 2. Isolated advertising and teleshopping spots shall not be admissible. Or. en position.)
2016/10/27
Committee: CULT
Amendment 775 #
Marc JOULAUD, Bogdan Brunon WENTA, Jean-Marie CAVADA, Louis MICHEL, Andrea BOCSKOR
Proposal for a directive
Article 1 – paragraph 1 – point 16
Directive 2010/13/EU
Article 20 – paragraph 2
(16) In Article 20, paragraph 2, the first sentence is replaced by the following: ‘The transmission of films made for television (excluding series, serials and documentaries), cinematographic works and news programmes may be interrupted by television advertising and/or teleshopping once for each scheduled period of at least 20 minutes.’deleted
2016/10/27
Committee: CULT
Amendment 810 #
Marc JOULAUD, Bogdan Brunon WENTA, Jean-Marie CAVADA, Louis MICHEL
Proposal for a directive
Article 1 – paragraph 1 – point 17
Directive 2010/13/EU
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 %.
2016/10/27
Committee: CULT
Amendment 822 #
Marc JOULAUD, Bogdan Brunon WENTA, Jean-Marie CAVADA, Louis MICHEL
Proposal for a directive
Article 1 – paragraph 1 – point 17
Directive 2010/13/EU
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;
2016/10/27
Committee: CULT
Amendment 831 #
Marc JOULAUD, Bogdan Brunon WENTA, Jean-Marie CAVADA, Louis MICHEL
Proposal for a directive
Article 1 – paragraph 1 – point 17
Directive 2010/13/EU
Article 23 – paragraph 2 – point c a (new)
‘(ca) neutral frames used to separate programmes and advertising spots;’
2016/10/27
Committee: CULT
Amendment 838 #
Marc JOULAUD, Bogdan Brunon WENTA, Jean-Marie CAVADA, Louis MICHEL
Proposal for a directive
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 a
‘Article 28a 1. and 15 of Directive 2000/31/EC, Member States shall ensure that video-sharing platform providers take appropriate measures to: (a) may impair their physical, mental or moral development; (b) containing 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. 2. measure for the purposes of paragraph 1 shall be determined in light of the nature of the content in question, the harm it may cause, the characteristics of the category of persons to be protected as well as the rights and legitimate interests at stake, including those of the video- sharing platform providers and the users having created and/or uploaded the content as well as the public interest. Those measures shall consist of, as appropriate: (a) and conditions of the video-sharing platform providers the concepts of incitement to violence or hatred as referred to in point (b) of paragraph 1 and of content which may impair the physical, mental or moral development of minors, in accordance with Articles 6 and 12 respectively; (b) mechanisms for users of video-sharing platforms to report or flag to the video- sharing platform provider concerned the content referred to in paragraph 1 stored on its platform; (c) verification systems for users of video- sharing platforms with respect to content which may impair the physical, mental or moral development of minors; (d) allowing users of video-sharing platforms to rate the content referred to in paragraph 1; (e) providing for parental control systems with respect to content which may impair the physical, mental or moral development of minors; (f) through which providers of video-sharing platforms explain to users of video- sharing platforms what effect has been given to the reporting and flagging referred to in point (b). 3. implementation of the measures referred to in paragraphs 1 and 2, Member States shall encourage co-regulation as provided for in Article 4(7). 4. necessary mechanisms to assess the appropriateness of the measures referred to in paragraphs 2 and 3 taken by video- sharing platform providers. Member States shall entrust this task to the authorities designated in accordance with Article 30. 5. Member States shall not imdeleted Without prejudice to Articles 14 protect minors from content which protect all citizens from content What constitutes an appropriate defining and applying in the terms establishing and operating establishing and operating age establishing and operating systems establishing and operating systems For the purposes on video-sharing platform providers measures that are stricter than the measures referred to in paragraph 1 and 2. Member States shall not be precluded from imposing stricter measures with respect to illegal content. When adopting such measures, they shall respect the conditions set by applicable Union law, such as, where appropriate, those set in Articles 14 and 15 of Directive 2000/31/EC or Article 25 of Directive 2011/93/EU. 7. encourage video-sharing platform 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. 8. or, where applicable, the organisations representing those providers in this respect shall submit to the Commission draft Union codes of conduct and amendments to existing Union codes of conduct. The Commission may request ERGA to give an opinion on the drafts, amendments or extensions of those codes of conduct. The Commission may give appropriate publicity to those codes of conduct.’f the Member States shall establish the The Commission and ERGA shall Video-sharing platform providers
2016/10/27
Committee: CULT
Amendment 958 #
Marc JOULAUD, Bogdan Brunon WENTA, Jean-Marie CAVADA, Louis MICHEL, Frédérique RIES
Proposal for a directive
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
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.
2016/10/27
Committee: CULT
Amendment 961 #
Marc JOULAUD, Bogdan Brunon WENTA, Jean-Marie CAVADA, Louis MICHEL, Frédérique RIES, Andrea BOCSKOR
Proposal for a directive
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
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.
2016/10/27
Committee: CULT
Amendment 1003 #
Marc JOULAUD, Bogdan Brunon WENTA, Jean-Marie CAVADA, Tadeusz ZWIEFKA, Louis MICHEL
Proposal for a directive
Article 1 – paragraph 1 – point 21
Directive 2010/13/EU
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.
2016/10/27
Committee: CULT
Amendment 1007 #
Marc JOULAUD, Bogdan Brunon WENTA, Jean-Marie CAVADA, Tadeusz ZWIEFKA, Louis MICHEL
Proposal for a directive
Article 1 – paragraph 1 – point 21
Directive 2010/13/EU
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.
2016/10/27
Committee: CULT
Amendment 1039 #
Marc JOULAUD, Bogdan Brunon WENTA, Jean-Marie CAVADA, Louis MICHEL, Frédérique RIES
Proposal for a directive
Article 1 – paragraph 1 – point 23
Directive 2010/13/EU
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.
2016/10/27
Committee: CULT
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