11 Amendments of Milan ZVER related to 2016/0151(COD)
Amendment 438 #
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 3 – point c a (new)
Article 2 – paragraph 3 – point c a (new)
(aa) The following point is inserted: ‘(ca) if a media service provider has its head office in a Member State but provides a media service where the majority of audiovisual commercial communications on said service are directed towards the territory of another Member State then the media service in question shall be deemed to be established in the targeted Member State. The target territory of audiovisual commercial communications may be determined by language, any specificities of any licence held by the media service or media service provider, the source of revenue from such communications or any other appropriate means. Disputes between Member States under this provision shall be dealt with under paragraphs 5b and 5c of this Article.'
Amendment 442 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point b
Article 1 – paragraph 1 – point 3 – point b
Directive 2010/13/EU
Article 2 - paragraph 5 a
Article 2 - paragraph 5 a
5a. Member States shall communicate to the Commission a list of the audiovisual media service providers under their jurisdiction and the criteria set out in paragraphs 2 to 5 on which their jurisdiction is based. This list shall include information regarding the Member State or non-Union territory targeted by individual audiovisual media service providers or audiovisual media services and the languages in which these services are provided. They shall subsequently inform the Commission without undue delay of any changes to that list. The Commission shall ensure that the competent independent regulatory authorities have access to this information.
Amendment 449 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point b
Article 1 – paragraph 1 – point 3 – point b
Directive 2010/13/EU
Article 2 – paragraph 5 b
Article 2 – paragraph 5 b
5b. Where, in applying Articles 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.
Amendment 458 #
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, on said notification.
Amendment 739 #
Proposal for a directive
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Directive 2010/13/EU
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Member States may require providers of on-demand audiovisual media services under their jurisdiction to contribute financially to the production of European works, including via direct investment in content and contributions to national funds. Member States may require providers of on-demand audiovisual media services, targeting audiences in their territories, but established in other Member States to make such financial contributions. In this case, the financial contribution shall be based only on the revenues earned in the targeted Member States. If the Member State where the provider is established imposes a financial contribution, it shall take into account any financial contributions imposed by targeted Member States. Furthermore, Member States may not impose a levy on an ancillary on- demand audiovisual media service if it has already imposed a levy on the corresponding broadcasting service. Any financial contribution shall comply with Union law, in particular with State aid rules.
Amendment 756 #
Proposal for a directive
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Directive 2010/13/EU
Article 13 - paragraph 5
Article 13 - paragraph 5
5. Member States shall waive the requirements laid down in paragraphs 1 and 2 for providers with a low turnover or low audience or if they are small and micro enterprises. Member States may also waive such requirements in cases where they would be impracticable or unjustified by reason of the nature or theme of the on- demand audiovisual media services.
Amendment 784 #
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
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 230 minutes.
Amendment 815 #
Proposal for a directive
Article 1 – paragraph 1 – point 17
Article 1 – paragraph 1 – point 17
‘1a. In the prime time period of the maximum length of 3 hours within the daily programming the proportion of television advertising spots shall not exceed the maximum of 20 % of all the daily proportion of television advertising spots and teleshopping spots.’
Amendment 912 #
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 a – paragraph 3
Article 28 a – paragraph 3
3. For the purposes of the implementation of the measures referred to in paragraphs 1 and 2, Member States shallmay encourage co-regulation as provided for in Article 4(7).
Amendment 1000 #
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
Amendment 1005 #
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 ERGA.