2022/2038(INI) Implementation of the Audiovisual Media Services Directive
Lead committee dossier:
Progress: Procedure completed
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Lead | CULT |
KAMMEREVERT Petra ( S&D)
|
MELBĀRDE Dace ( EPP),
VERHEYEN Sabine ( EPP),
FARRENG Laurence ( Renew),
RIBA I GINER Diana ( Verts/ALE),
ANDERSON Christine ( ID),
SLABAKOV Andrey ( ECR),
MICHELS Martina ( GUE/NGL)
|
| Committee Opinion | IMCO |
ANGEL Marc ( S&D)
|
Dita CHARANZOVÁ ( RE),
Geoffroy DIDIER ( PPE),
Marcel KOLAJA ( Verts/ALE),
Anne-Sophie PELLETIER ( GUE/NGL)
|
Lead committee dossier:
Legal Basis:
RoP 54
Legal Basis:
RoP 54Subjects
Events
2023/05/09
EP - Results of vote in Parliament
Documents
2023/05/09
EP - Decision by Parliament
Details
The European Parliament adopted by 543 votes to 40, with 40 abstentions, a resolution on the implementation of the revised Audiovisual Media Services Directive.
The Audiovisual Media Services Directive (AVMSD) should play a key role in structuring the European audiovisual ecosystem. The latest revision of the AVMSD, adopted on 28 November 2018, provided a framework for strengthening the ‘country of origin’ principle and improving consumer protection, in particular for minors and persons with disabilities, in the online world. Its role is to support and benefit European cultural creation and cultural diversity in a changing audiovisual sector.
Insufficient transposition
Parliament is critical both of the insufficient will on the part of some Member States to transpose the AVMSD in a timely manner and of the Commission’s overall reluctance to initiate infringement procedures and its late publication of guidelines. Member States are encouraged to implement the AVMSD without further delay. A full-scale evaluation is not entirely possible at present, because of the transposition delay.
The Commission should ensure a consistent and comprehensive implementation of the AVMSD and its objectives in the Member States and should act swiftly if there are indications that any national regulatory authority or body may exercise its powers in a manner incompatible with the objectives and values of the EU, particularly in the case of suspected violations of the rights and freedoms enshrined in the Charter of Fundamental Rights of the EU.
Definition of ‘European works’
Recognising the definition of ‘European works’ as an open and broad understanding of the concept of ‘European audiovisual works’, Members recalled that the definition of European works in the AVMSD is without prejudice to the possibility of Member States laying down a more detailed definition as regards media service providers under their jurisdiction. Members affirmed that the definition of European works should, among other things, serve the promotion of works produced in the EU to the benefit of the European creative ecosystem .
The Commission is asked to evaluate the definition of European works exclusively on the basis of scientific findings obtained in cooperation with ERGA and the European Audiovisual Observatory and taking the European media outlook data directly related to the current application of the term ‘European works’ duly into account.
Members believe that any derogation related to the country of origin principle and the introduction of any new barriers and restrictions to the freedom to provide services need to be assessed against proportionality, flexibility, predictability and non-discrimination safeguards.
Protection of minors and accessibility
Members believe that cross-border cooperation measures , in particular for the protection of minors, should be strengthened by improving the capacity of national media regulatory authorities and other competent authorities to deal effectively with identified infringements. Member States should ensure, in transposing the AVMSD, that it is clear and easy to understand, in particular for end users, whether the protection of minors from harmful content, the protection of the general public against certain illegal content and the content-related advertising restrictions of the AVMSD apply in the medium currently being used, especially online.
Common qualitative and quantitative targets should be adopted to promote the further development of accessible services for persons with disabilities with Members stressing the importance of facilitating accessibility (dubbing, subtitles, audio descriptions or others) in all languages of the territory where the audiovisual media service is provided. Greater efforts to disseminate European works representing the full range of European linguistic diversity, taking into account both official languages and regional and minority languages.
Quotas
The resolution stressed that the introduction of EU quota requirements was intended to promote Europe's creative ecosystem by increasing the exposure of EU audiences to European works and providing more opportunities for European creations to reach audiences throughout the EU. Members believe that regular monitoring of the implementation of the EU quota requirements is necessary.
Parliament noted that, while the calculation of quotas for television broadcasters under the AVMSD excludes news, sports events, games, advertising, teletext services and tele-shopping, an exclusion does not exist for audiovisual on-demand services. Therefore, the Commission is called on to assess the types of programmes offered by audiovisual on-demand services that are comptabilised in the share of European works present in catalogues.
The Commission is invited to monitor closely the implementation of the rules in order to ensure that events of major importance remain accessible to as many people as possible as possible in free-to-air TV broadcasts. The Commission should also further investigate the fast-growing options for audiovisual media services produced by online influencers , with a focus on youth and consumer protection, and to fully enforce the clear and recognisable separation between advertising and own content.
European Regulators Group for Audiovisual Media Services (ERGA)
Parliament urged the Member States to fulfil their obligation under the AVMSD regarding the financial and human resources of national regulatory authorities or bodies in the light of their increasingly complex tasks.
Members stressed the importance of providing ERGA with effective means and tools to monitor compliance with the obligations laid down in the AVMSD, as well as sanctions in the event of non-compliance. It requested that ERGA be given more independence by, among other things, setting up a secretariat for it independent from the Commission.
The Commission should act swiftly if there are indications that any national regulatory authority or body may exercise its powers in a manner incompatible with the objectives and values of the EU.
Literary skills
The Commission is urged to issue in good time the guidelines on the scope of the Member States’ reports on the implementation of measures for the development of media literacy skills, so that the timely submission of these reports is not further delayed. Recipients of media services within the EU have a right to receive and impart information. However, this right and the ability to access free and pluralistic media services in the EU cannot be enjoyed by all unless they are accompanied by sufficient media literacy education. Media literacy should aim to equip people with the critical thinking skills required to exercise judgement, analyse complex realities and recognise the difference between opinion and fact.
Documents
2023/05/08
EP - Debate in Parliament
Documents
2023/04/12
EP - Committee report tabled for plenary
Details
The Committee on Culture and Education adopted the own-initiative report by Petra KAMMEREVERT (S&D, DE) on the implementation of the revised Audiovisual Media Services Directive.
The latest revision of the Audiovisual Media Services Directive (AVMSD), adopted on 28 November 2018, provided a framework for strengthening the ‘country of origin’ principle and improving consumer protection, in particular for minors and persons with disabilities, in the online world. Its role is to support and benefit European cultural creation and cultural diversity in a changing audiovisual sector in line with other rules, such as the copyright provision of Directive (EU) 2019/7906, which asks for fair remuneration for right holders. However, the report noted that the Member States’ significantly delayed transposition of the AVMSD undermines its effectiveness.
Insufficient transposition
Members are critical both of the insufficient will on the part of some Member States to transpose the AVMSD in a timely manner and of the Commission’s overall reluctance to initiate infringement procedures and its late publication of guidelines. Member States are encouraged to implement the AVMSD without further delay. A full-scale evaluation is not entirely possible at present, because of the transposition delay.
The Commission should ensure a consistent and comprehensive implementation of the AVMSD and its objectives in the Member States and should act swiftly if there are indications that any national regulatory authority or body may exercise its powers in a manner incompatible with the objectives and values of the EU, particularly in the case of suspected violations of the rights and freedoms enshrined in the Charter of Fundamental Rights of the EU.
More precise definitions
Recognising the definition of ‘European works’ as an open and broad understanding of the concept of ‘European audiovisual works’, Members recalled that the definition of European works in the AVMSD is without prejudice to the possibility of Member States laying down a more detailed definition as regards media service providers under their jurisdiction.
Members affirmed that the definition of European works should, among other things, serve the promotion of works produced in the EU to the benefit of the European creative ecosystem. The Commission is asked to evaluate the definition of European works exclusively on the basis of scientific findings obtained in cooperation with ERGA and the European Audiovisual Observatory and taking the European media outlook data directly related to the current application of the term ‘European works’ duly into account.
Expanded scope and accessibility
The report stressed that the scope of the AVMSD has been expanded to impose certain obligations on video-sharing platform providers, such as the requirement to take appropriate measures to protect minors from harmful content and all users from content containing an incitement to violence or hatred. Cross-border cooperation measures, in particular for the protection of minors, need to be strengthened by enhancing the capacity of national media regulatory authorities and other competent authorities to deal effectively with identified infringements, thus ensuring rapid and effective action, while also encouraging coordination between public and private stakeholders on preventive actions.
Common qualitative and quantitative targets should be adopted to promote the further development of accessible services for persons with disabilities with Members stressing the importance of facilitating accessibility (dubbing, subtitles, audio descriptions or others) in all languages of the territory where the audiovisual media service is provided.
Quotas
The report noted that, while the calculation of quotas for television broadcasters in the AVMSD excludes news, sports events, games, advertising, teletext services and tele-shopping, an exclusion does not exist for audiovisual on-demand services. Therefore, the Commission is called on to assess the types of programmes offered by audiovisual on-demand services that are comptabilised in the share of European works present in catalogues.
European Regulators Group for Audiovisual Media Services (ERGA)
Members stressed the importance of providing ERGA with effective means and tools to monitor compliance with the obligations laid down in the AVMSD, as well as sanctions in the event of non-compliance. It requested that ERGA be given more independence by, among other things, setting up a secretariat for it independent from the Commission.
Furthermore, Members suggested that ERGA should help to develop guidelines for a harmonised European approach, based on an analysis of best practices.
Literary skills
The Commission is urged to issue in good time the guidelines on the scope of the Member States’ reports on the implementation of measures for the development of media literacy skills, so that the timely submission of these reports is not further delayed. Recipients of media services within the EU have a right to receive and impart information. However, this right and the ability to access free and pluralistic media services in the EU cannot be enjoyed by all unless they are accompanied by sufficient media literacy education. Media literacy should aim to equip people with the critical thinking skills required to exercise judgement, analyse complex realities and recognise the difference between opinion and fact.
Documents
2023/03/28
EP - Vote in committee
2023/03/02
EP - Committee opinion
Documents
2023/01/13
EP - Amendments tabled in committee
Documents
2022/11/17
EP - Committee draft report
Documents
2022/06/07
EP - ANGEL Marc (S&D) appointed as rapporteur in IMCO
2022/05/05
EP - Committee referral announced in Parliament
2022/05/04
EP - KAMMEREVERT Petra (S&D) appointed as rapporteur in CULT
Documents
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament: T9-0134/2023
- Debate in Parliament: Debate in Parliament
- Committee report tabled for plenary: A9-0139/2023
- Committee opinion: PE734.307
- Amendments tabled in committee: PE740.672
- Committee draft report: PE738.565
- Committee draft report: PE738.565
- Amendments tabled in committee: PE740.672
- Committee opinion: PE734.307
Activities
- Othmar KARAS
Plenary Speeches (2)
- Andrea BOCSKOR
Plenary Speeches (1)
- Petra KAMMEREVERT
Plenary Speeches (1)
- Ádám KÓSA
Plenary Speeches (1)
- Stanislav POLČÁK
Plenary Speeches (1)
- Clare DALY
Plenary Speeches (1)
- Mick WALLACE
Plenary Speeches (1)
- Vlad-Marius BOTOŞ
Plenary Speeches (1)
Votes
Mise en œuvre de la directive «Services de médias audiovisuels» - Implementation of the Audiovisual Media Services Directive - Umsetzung der Richtlinie über audiovisuelle Mediendienste - A9-0139/2023 - Petra Kammerevert - Proposition de résolution #
2023/05/09 Outcome: +: 543, 0: 40, -: 40
The Left
NI| Amendments | Dossier |
| 236 |
2022/2038(INI)
2022/11/17
IMCO
66 amendments...
Amendment 1 #
Draft opinion Recital A A. whereas the latest revision of Directive 2010/13/EU, adopted on 28 November 2018, provided a framework for strengthening the country of origin principle and improving the protection of consumers, in particular minors and persons with disabilities, in the online world; whereas the significantly delayed transposition of the Directive by Member States undermines its effectiveness;
Amendment 10 #
Draft opinion Paragraph 2 2. Highlights the importance of the strengthened country of origin principle that helps providers to abide by the rules and to facilitate the cross-border provision of services by providing legal certainty and a better understanding of the rules they must comply with; points out that undermining the country of origin principle increases fragmentation of the single market and administrative burdens for cross-border services;
Amendment 11 #
Draft opinion Paragraph 2 2. Highlights the importance of the strengthened country of origin principle that helps providers to abide by the rules and to facilitate the cross-border provision of services; underlines that the country of origin principle is essential to achieve a single market in audiovisual media services, and remains relevant to incentivise investments in innovative and creative productions;
Amendment 12 #
Draft opinion Paragraph 2 2. Highlights the importance of the strengthened country of origin principle
Amendment 13 #
Draft opinion Paragraph 2 2. Highlights the importance of the strengthened country of origin principle that helps providers to abide by the rules and to facilitate the cross-border provision of services and thus to strengthen the consumer protection in the single market;
Amendment 14 #
Draft opinion Paragraph 2 a (new) 2 a. Underlines that the strategy of the Commission to harmonise legislation in the field of media, a policy area where the EU clearly lacks competences, by feigning internal market considerations is unacceptable; emphasises that the concept of freedom of establishment has to be interpreted narrowly and must by no ways serve as a general authorisation to legislate in other policy areas for which there is no clear competence; notes that any regulatory approach that would limit entrepreneurial freedom in the internal market would not be compatible with the internal market concept of Article 26 TFEU, which aims at progress towards cross-border freedom of development;
Amendment 15 #
Draft opinion Paragraph 3 3. Stresses that media service providers must ensure, in line with Article 7 of the Directive, that audiovisual services are continuously and progressively made more accessible to pe
Amendment 16 #
Draft opinion Paragraph 3 3. Stresses that media service
Amendment 17 #
Draft opinion Paragraph 3 3. Stresses that media service providers must ensure, in line with Article 7 of the Directive, that audiovisual services are
Amendment 18 #
Draft opinion Paragraph 3 3. Stresses that media service providers must ensure
Amendment 19 #
Draft opinion Paragraph 3 a (new) 3 a. Underlines the importance of providing information and receiving complaints regarding any accessibility issues and therefore, highlights that it is fundamental to designate an easily accessible and publicly available online point of contact in every Member State without undue delay;
Amendment 2 #
Draft opinion Recital A a (new) A a. Whereas the Secretariat of the European Regulators Group for Audiovisual Media Services (ERGA) is staffed and hosted by the Commission diminishing its independence;
Amendment 20 #
Draft opinion Paragraph 3 b (new) 3 b. In order to fulfil legal obligations in the field of accessibility as effectively as possible, calls on the Commission to promote the exchange of best practices between Member States, as well as between media service providers;
Amendment 21 #
Draft opinion Paragraph 3 c (new) 3 c. Stresses the need for synergies between the implementation of this Directive and the implementation of the Accessibility Act;
Amendment 22 #
Draft opinion Paragraph 4 4. Recalls the Directive’s key provisions to protect minors,
Amendment 23 #
Draft opinion Paragraph 4 4. Recalls the Directive’s key provisions to protect minors, including those on commercial communications; urges the Commission to secure the strict implementation and proper enforcement of these rules; warns against abusing the provisions to protect minors to censor LGBTIQ content in certain Member States and urges the Commission to proceed with infringement procedures in such cases;
Amendment 24 #
Draft opinion Paragraph 4 4. Recalls the Directive’s key provisions to protect minors, including those on commercial communications, especially on unhealthy food or beverages; urges the Commission to secure the strict implementation and proper enforcement of these rules; notes that self- regulatory codes can also be used as an additional tool to reduce the exposure of minors;
Amendment 25 #
Draft opinion Paragraph 4 a (new) 4 a. Underlines that under the Treaty and the AVMSD, discriminatory restrictions on free movement of media services are prohibited, in particular where the discrimination is based on sex, racial or ethnic origin, nationality, religion or belief, disability, age or sexual orientation; is concerned, therefore, by the implementation of the AVMSD in Hungary, which openly discriminates against the LGBTI community and contravenes fundamental rights enshrined in the Charter of Fundamental Rights of the European Union by seeking to ban or to limit the display of LGBTI communities and issues in programming and advertising content, and thus going against the freedom to provide services, preventing providers from delivering the same goods and services equally throughout the EU and consumers from benefitting from the achievements of the single market; notes that the Commission launched infringement proceedings in this regard and strongly encourages it to ensure a proper follow-up;
Amendment 26 #
Draft opinion Paragraph 4 a (new) 4 a. Stresses the need to ensure that audiovisual media content is able to be transmitted at the speed and quality foreseen by its creators and distributers; opposes any attempts to limit the principle of net neutrality in this regard, by which audiovisual media content would be treated differently than other data transfers; asks for this to be reflected in any revision of the AVMSD;
Amendment 27 #
Draft opinion Paragraph 4 a (new) 4 a. Is of the opinion that the current EU self-regulatory approach to marketing food and drinks to children is not effective as there are too many loopholes, the enforcement is patchy and marketing techniques are quickly evolving beyond its scope;
Amendment 28 #
Draft opinion Paragraph 4 a (new) 4 a. Recognises that implementation of the provisions foreseen in the AVMSD can sometimes be disproportionate, to the detriment of a healthy European audiovisual media environment and undermine the single market;
Amendment 29 #
Draft opinion Paragraph 4 b (new) 4 b. Underlines that European works quotas diverging from the directive or national sub-quotas, additional investment requirements and complex financial contribution obligations create significant compliance costs for service providers and undermine the integrity of the single market;
Amendment 3 #
Draft opinion Recital A b (new) A b. Whereas only the strict maintenance of responsibilities and competences of the Member States can guarantee the success of the European media policy;
Amendment 30 #
Draft opinion Paragraph 4 b (new) 4 b. Notes that the different levels of consumer protection with regards to commercial communications create an unfair-level playing field between audiovisual media services and video sharing platforms, which is detrimental to consumer protection and this issue should be addressed;
Amendment 31 #
Draft opinion Paragraph 4 b (new) 4 b. Calls for the adoption of legislation to improve public health, prevent non-communicable diseases and promote children's rights by effectively protecting minors from the harmful impact of the widespread, ubiquitous and insidious marketing of nutritionally poor food;
Amendment 32 #
Draft opinion Paragraph 4 c (new) 4 c. Stresses that the free movement of services does not interfere with measures taken in accordance with Union law, in relation to the protection or promotion of cultural and linguistic diversity; welcomes the implementation of the required 30% quota obligation for European works in VOD catalogues which has had a positive impact on cultural diversity through greater exposure of the EU audience to European works and by offering more opportunities for European creation to reach viewers across the Digital Single Market; underlines at the same time that European works quotas diverging from the directive or national sub-quotas, additional investment requirements and complex financial contribution obligations create significant compliance costs for market operators and may undermine the integrity of the single market;
Amendment 33 #
Draft opinion Paragraph 4 c (new) 4 c. Recalls that the Treaty and the AVMSD prohibit discriminatory restrictions on free movement of media services; is concerned by the implementation of the AVMSD in Hungary, which openly discriminates against the LGBT community and contravenes the free movement of and the fundamental rights enshrined in the Charter of Fundamental Rights of the European Union by seeking to ban or limit exposure to LGBT communities and issues in programming and advertising content;
Amendment 34 #
Draft opinion Paragraph 4 c (new) 4 c. Underlines that the EU has extensive competences to regulate all forms of cross-border marketing to improve the functioning of the internal market, whilst ensuring a high level of public health, consumer and children's rights protection;
Amendment 35 #
Draft opinion Paragraph 4 d (new) 4 d. Reminds that streaming is a decisive form of accessing media in the internal market, in particular considering the converging online media environment, where boundaries between audiovisual, music or audio based services are blurring; calls on the Commission and the Member States to further elaborate on the possible application of the AVMSD rules on European works at least regarding promotion, prominence, and discoverability to music streaming services;
Amendment 36 #
Draft opinion Paragraph 4 e (new) 4 e. Notes the provision protecting the integrity of the broadcasting signal and the provision recognising the ability of Member States to promote the prominence of audiovisual media services of general interest; highlights the need to ensure proper implementation of these provisions; regrets that only very few Member States have taken measures to promote the prominence of general interest audiovisual media services; encourages Member States to adopt comprehensive and effective rules to protect the integrity of the broadcasting signal on all relevant online platforms and user interfaces used to access audiovisual media services;
Amendment 37 #
Draft opinion Paragraph 4 f (new) 4 f. Notes the opportunities offered by the major non-EU based VOD services to European audiovisual creators and producers; calls on the Commission to look into the impact on the entire value chain in European cultural and creative sector and on how these platforms comply with the internal market rules of the Union;
Amendment 38 #
Draft opinion Paragraph 4 g (new) 4 g. Calls on the Commission to monitor and propose ways to remove unjustified and ineffective geo-blocking and to strive to build a harmonised digital single market; regrets that certain obstacles still persist, particularly in the provision of audiovisual services and content;
Amendment 39 #
Draft opinion Paragraph 5 5. Highlights the importance of a well functioning internal media market; underlines that the proposed European media freedom act
Amendment 4 #
Draft opinion Recital A c (new) A c. Whereas media policy is not mentioned in the relevant catalogues of exclusive or shared competences assigned to the EU under primary Union law;
Amendment 40 #
Draft opinion Paragraph 5 5. Highlights the importance of a well functioning internal media market with a high level of consumer protection; underlines that the proposed European media freedom act aims to further enhance cooperation between the national regulators by establishing a European media board; stresses that independence and adequate resources must be guaranteed in order to fulfil these new responsibilities; insists on the importance of avoiding overlaps between the two instruments in order to preserve their effectiveness
Amendment 41 #
Draft opinion Paragraph 5 5. Highlights the importance of a well functioning internal media market;
Amendment 42 #
Draft opinion Paragraph 5 a (new) Amendment 43 #
Draft opinion Paragraph 5 a (new) 5 a. Encourages Member States, based on Article 7a in the revised AVMSD, to ensure that media service providers, including media service providers of on- demand audiovisual media service, prioritise the prominence of public service media content when relevant; in this regard, asks the Commission to evaluate how Member States are implementing Article 7a; furthermore, calls on the Commission to present guidelines for how media service providers can ensure prominence of public service media content;
Amendment 44 #
Draft opinion Paragraph 5 a (new) 5 a. Stresses the importance of protecting and promoting consumer choice through cultural diversity, which is inherent to the identity of the European Union and its citizens, and which constitutes an essential pillar of the single market;
Amendment 45 #
Draft opinion Paragraph 5 b (new) 5 b. Considers that the free movement of services should be ensured together with the protection of cultural diversity; welcomes the smooth and effective implementation of the required 30% quota obligation for European works in VOD catalogues which has had a positive impact on cultural diversity and on consumer choice through greater exposure of the EU audience to European works and by offering more opportunities for European creation to reach viewers across the EU; also welcomes the introduction by some Member States of investment obligations requiring VOD service providers to reinvest part of their revenues earned in the country, thus maintaining a steady and diverse industrial audiovisual ecosystem in these countries; underlines that the UK is a country where many non-EU countries shoot their works, notably thanks to a strong tax rebate policy; underlines as well that considering the current state of law, many US-UK coproductions are qualified as European productions; stresses finally that many US studio films shot in the UK studios with the help of a service provider are qualified as European depriving the Article 13(1) 30% quota of its meaning;
Amendment 46 #
Draft opinion Paragraph 5 b (new) 5 b. Highlights the importance, when implementing the Audiovisual Media Service Directive, of the interlink between this Directive and the recently adopted Digital Services Act to ensure an high level of protection for consumers and a coherent and coordinated legislative framework across Member States;
Amendment 47 #
Draft opinion Paragraph 5 c (new) 5 c. Stresses the need to support SMEs, which are necessary for the proper functioning of the audiovisual sector and for a diverse offer to the benefit of the EU audience;
Amendment 48 #
Draft opinion Paragraph 5 d (new) 5 d. Recalls that it is necessary to ensure consistency between AVMS directive and Regulation (EU) 2018/302 on unjustified geo-blocking, considering that the scope of this regulation does not cover audiovisual content; underlines that consumers benefit from cross-border access to their cultural content, in particular thanks to the portability regulation1a , which already facilitates access to content during temporary cross- border stays; _________________ 1a Regulation (EU) 2017/1128
Amendment 49 #
Draft opinion Paragraph 5 e (new) Amendment 5 #
Draft opinion Paragraph 1 1. Underlines the importance of the proper implementation of the Directive; regrets that not all Member States have done this and encourages them to do so urgently; regrets that diverging national transpositions can increase fragmentation, erect barriers to the free movement of audiovisual-related goods and services in the internal market and create obstacles in providing pan- European media services, thus harming media pluralism in Europe;
Amendment 50 #
Draft opinion Paragraph 5 f (new) 5 f. Notes that different levels of consumer protection with regards to commercial communications exist in different environments; underlines that this creates an un-even level playing field between audiovisual media services and video sharing platforms which is detrimental to consumer protection and sustained investments in news and audiovisual content; underlines that the AVMSD is largely responsible for this regulatory asymmetry and that the AVMSD revision should raise the requirements of consumer protection for video sharing platforms;
Amendment 51 #
Draft opinion Paragraph 5 g (new) 5 g. Notes that to the detriment of consumer choice, video sharing platforms do not invest in creative and journalistic content, yet extract a large and increasing share of advertising revenues, due to the lack of equivalent rules applying to them;
Amendment 52 #
Draft opinion Paragraph 5 h (new) 5 h. Highlights that audiovisual media service providers are subject to strict rules to protect viewers from harmful content under Articles 6 and 6a of the AVMSD, as opposed to video sharing platforms, which are only subject to a lighter regime via Article 28b; underlines that the revised AVMSD should raise the requirements of consumer protection for video sharing platforms;
Amendment 53 #
Draft opinion Paragraph 5 i (new) 5 i. Stresses that the revised AVMSD should insist on the responsibility of audiovisual media service providers and video sharing platforms to strive for the prevention and reduction of disinformation;
Amendment 54 #
5 j. Stresses that new provisions should be included on the role that audiovisual media services, including non-linear services, and video sharing platforms should play in raising awareness (through public service announcements and other initiatives) of legitimate public interest objectives, such as climate change, energy transition, societal issues, prevention of hate speech and bullying, media and information literacy, and equal representation of women;
Amendment 55 #
Draft opinion Paragraph 5 k (new) 5 k. Considers the interplay between the Digital Services Act and other sector specific legislation remains unclear; calls on the Commission to provide guidance on the interplay between the Digital Services Act and the AVMSD;
Amendment 56 #
Draft opinion Paragraph 5 l (new) Amendment 57 #
Draft opinion Paragraph 5 m (new) 5 m. Considers that the upcoming European Media Freedom Act should also address the challenges of the platform economy for the media sector; calls, in particular, for the adoption of procedural safeguards so that media service providers are duly informed and able to challenge the suspension or meddling with their content and services before online platforms implement their decisions;
Amendment 58 #
Draft opinion Paragraph 5 n (new) 5 n. Highlights the need to ensure proper implementation of new provisions protecting the integrity of the broadcasting signal (Article 7b) and on the ability of Member States to promote the prominence of general interest audiovisual media services (Article 7a), considering the key role that gatekeeping devices and platforms play for the way in which citizens access, discover and find audiovisual media services online;
Amendment 59 #
Draft opinion Paragraph 5 o (new) 5 o. Encourages Member States to adopt comprehensive and effective rules in accordance with Article 7b to protect the integrity of the broadcasting signal on all relevant online platforms and user interfaces used to access audiovisual media services;
Amendment 6 #
Draft opinion Paragraph 1 1. Underlines the importance of the proper implementation of the Directive that aims to address discrepancies between the different audiovisual media services; regrets that not all Member States have done this and encourages them to do so urgently; is concerned that due to the transposition delay, a full-scale ex-post evaluation is not entirely possible at the current stage;
Amendment 60 #
Draft opinion Paragraph 5 p (new) 5 p. Regrets that only very few Member States have yet transposed Article 7a of the revised AVMSD into national law and taken measures to promote the prominence of general interest audiovisual media services;
Amendment 61 #
Draft opinion Paragraph 5 q (new) 5 q. Encourages Member States to transpose Article 7a into national law; highlights in this context that the AVMSD only provides for a minimum harmonisation allowing Members to take measures going beyond what is provided for in the AVMSD; calls therefore on Member States to adopt prominence regimes not only for audiovisual media services providers but also radio / audio services; further recalls that the Directive allows Member States to apply measures ensuring the prominence of general interest content and services to all relevant user interface and platform service providers providing their services to users in their territory;
Amendment 62 #
Draft opinion Paragraph 5 r (new) 5 r. Calls for the revision of Article 7a from an enabling provision into an obligation; calls furthermore to task ERGA, with issuing guidance on the prominence of general interest audiovisual media services; believes that such a guidance, based on best practice examples, could provide concrete assistance to national authorities on how Article 7a could be implemented and help reducing the complexity of defining the different elements of sound and workable prominence regimes;
Amendment 63 #
Draft opinion Paragraph 5 t (new) 5 t. Calls on the Commission to introduce an obligation to ensure that online platforms always attribute the content and services offered by a media service provider to its actual publisher by ensuring for example that the identity of media organizations is clearly visible through logos or other kinds of branding alongside their content;
Amendment 64 #
Draft opinion Paragraph 5 u (new) 5 u. Recalls that, as underlined in European Commission's AVMSD guidelines published in 2020, "social media services need to be included" in the scope because "they compete for the same audiences and revenues as audiovisual media services; furthermore, they also have a considerable impact in that they facilitate the possibility for users to shape and influence the opinions of other users; therefore, in order to protect minors from harmful content and all citizens from incitement to hatred, violence and terrorism, those services should be covered by Directive 2010/13/EU";
Amendment 65 #
Draft opinion Paragraph 5 v (new) 5 v. Highlights the importance of product placement by influencers or users of video sharing platforms in recent years; in this regard, calls for action to ensure more responsible influencer marketing and for Member States to develop a mandatory "Responsible Influencer Certificates" to educate and empower online content creators regarding their activities on video sharing platforms or social media services and enforce compliance with existing legislation on advertisement;
Amendment 66 #
Draft opinion Paragraph 5 w (new) 5 w. Underlines that all advertising, in whatever form, accessible through a video sharing platforms, must be clearly identifiable as such; it must clearly identify the natural or legal person on whose behalf it is carried out; stresses that product placement on video sharing platforms or social media services included on user-generated video or influencers video must be systematically and clearly preceded by the mention "This video contains product placement" in order to inform and better protect consumers;
Amendment 7 #
Draft opinion Paragraph 1 1. Underlines the importance of the proper implementation of the Directive;
Amendment 8 #
Draft opinion Paragraph 1 a (new) 1 a. Recalls to Member States the importance of adopting coherent measures at national level to secure a level playing field for consumers and economic operators, and to avoid fragmentation in the internal market and unjustified barriers;
Amendment 9 #
Draft opinion Paragraph 2 2. Highlights the importance of the strengthened country of origin principle that helps providers to abide by the rules and to facilitate the cross-border provision of services; underlines that the latest revision of the AVMSD introduced derogations to the country of origin principle, in particular in Article 13; notes that this has led to significant fragmentation of the single market and discouraged market players from entering smaller European markets to the detriment of all actors involved, including European media service providers;
source: 738.445
2023/01/13
CULT
170 amendments...
Amendment 1 #
Motion for a resolution Citation 1 a (new) — having regard to the Member States competences to develop ambitious cultural policies in the audiovisual field at national level, in consistence,with TEU Art. 3, TFEU Art. 6 and 167,
Amendment 10 #
Motion for a resolution Recital A b (new) A b. whereas, territorial and exclusive licensing play a fundamental role in driving investment in the creation, financing, marketing and distribution, and thus availability of all types of audiovisual content across the EU and across all distribution channels;
Amendment 100 #
Motion for a resolution Paragraph 12 a (new) 12a. Points to the importance of providing Member States, in particular through ERGA, with effective means and tools to monitor compliance with the requirements of the Directive, as well as penalties for non-compliance;
Amendment 101 #
Motion for a resolution Paragraph 12 b (new) 12 b. Emphasises that audiovisual media services also have an obligation to ensure the discoverability of European works by, for example, having a dedicated section for European works on the home page of the service or the possibility to search for European works in the search tool of the service, or European works being promoted with banners; and that reliable metadata is needed to ensure these obligations are met; calls on increasing the incentives for adopting national discoverability regimes for European works and audiovisual media services of general interest, believes that ERGA or the future Board for Media Services could be tasked to elaborate practical guidance on the basis of best practices to assist national authorities and help reduce the complexity of defining the different elements of sound and workable prominence regimes;
Amendment 102 #
Motion for a resolution Paragraph 12 b (new) 12 b. Affirms that the definition of European works, both in its geographical scope and in its criteria relating to the production of the work, must effectively serve primarily the promotion of works produced in the European Union and whose exploitation benefits companies established in the Union; in this respect, recalls that the European Commission has planned to publish a Media Outlook to study the major media trends and analyse their impact on media markets and business models; regrets that this report could not be published in due time; considers that, should the Media Outlook data show a major imbalance, the definition of European works could be adapted so that the quotas better reflect the above-mentioned objectives;
Amendment 103 #
Motion for a resolution Paragraph 12 b (new) 12 b. Notes that the quota of European works for on-demand services does not excludes certain types of programmes contrary to the quota for broadcasters of Article 16 that excludes news, sports events, games, advertising, teletext services and tele-shopping; also notes that the business models of on-demand services have evolved to include non- scripted programmes in addition to films and series; Calls therefore on the Commission to assess the types of programmes offered by on-demand services to ensure that the focus of the quota on films and series is not undermined by other programmes and to review the 2020 guidelines on the calculation of European works if necessary;
Amendment 104 #
Motion for a resolution Paragraph 12 b (new) 12 b. Maintains an open and broad understanding of the concept of 'European audiovisual work' as laid down in the European Convention on Transfrontier Television of the Council of Europe of 5 May 19891a, reiterates the diversity-enhancing effect of such a broad understanding and rejects any attempts, especially those of the Commission, to restrict or narrow it; _________________ 1a https://rm.coe.int/168007b0f0
Amendment 105 #
Motion for a resolution Paragraph 12 b (new) 12 b. Underlines that European works quotas diverging from the directive or national sub-quotas, additional investment requirements and complex financial contribution obligations create significant compliance costs for market operators, especially for European actors attempting to expand to new markets within the EU; emphasizes that this undermines the integrity of the single market;
Amendment 106 #
Motion for a resolution Paragraph 12 b (new) 12 b. Calls on the European Commission and the Member States, when applying rules for fair and equal regulation to all providers of audio-visual productions in the age of media convergence, to pay particular attention to the role of streaming services in promoting, publicising and making European works findable;
Amendment 107 #
Motion for a resolution Paragraph 12 b (new) 12 b. Encourages the Commission to evaluate the implementation of the general obligation of prominence of European works in Article 13(1) and to present proposals for specific measures to be applied by all Member States;
Amendment 108 #
Motion for a resolution Paragraph 12 c (new) 12 c. Welcomes the transposition by several Member States of the possibility of having European works financed by video-on-demand services operating in their territory; considers that one way of making this mechanism even more virtuous would be to channel this funding towards independent producers respecting the European copyright framework as well as national authors’ and performers’ rights;
Amendment 109 #
Motion for a resolution Paragraph 12 c (new) 12 c. Encourages the Commission to evaluate the implementation of the general obligation of prominence of European works in Art 13(1) and calls on the Commission and ERGA to promote the exchange of best practices between Member States regarding the deployment of discoverability tools, to, in the long term, present proposals for specific measures to be applied by all Member States;
Amendment 11 #
Motion for a resolution Recital A b (new) Amendment 110 #
Motion for a resolution Paragraph 12 c (new) 12 c. Welcomes the introduction by a majority of Member States of financial obligations requiring on-demand services to invest part of their revenues earned in the country in the local production (via contributions to funds or direct investment), thus maintaining a steady and diverse industrial audiovisual ecosystem in these countries;
Amendment 111 #
Motion for a resolution Paragraph 12 c (new) 12 c. Notes with concern the emergence of multiple and differing financial contribution at member state level; highlights that this is inconsistent with the country of origin principle and undermines the integrity of the single market; furthermore, it exacerbates assymetries between Audiovisual Media Services and online platforms;
Amendment 112 #
Motion for a resolution Paragraph 12 c (new) 12 c. Considers that there is an urgent need, when examining the implementation of the AVMSD in the Member States, for the Commission to penalise systematic violations of fundamental rights, for example under the guise of protecting minors by, for instance, excluding LGBTI topics from national programmes and advertising;
Amendment 113 #
Motion for a resolution Paragraph 12 c (new) 12 c. Considers it appropriate to monitor closely the European quota targets implementation, including the types of audiovisual works covered and volume calculation for the on-demand services quota and to do so taking language as a unit of analysis;
Amendment 114 #
Motion for a resolution Paragraph 12 d (new) 12 d. Welcomes the introduction by a majority of Member States of financial obligations requiring on-demand services to invest part of their revenues earned in the country in the local production (via contributions to funds or direct investment), taking into account the cultural and linguistic diversity of the territorial area in which they are located or are conducting their service to; Encourages the Commission to present a proposal making this financial obligation mandatory and ensure the production of content in languages with lower audiovisual production;
Amendment 115 #
Motion for a resolution Paragraph 12 d (new) 12 d. Encourages the Commission and Member State to review national administrative practices regulating quota compliance and financial obligations, with a view to establish best practices and reduce the administrative and financial burden for national administrations and for broadcasters and on-demand services;
Amendment 116 #
Motion for a resolution Paragraph 12 e (new) 12 e. Urges to facilitate accessibility (dubbing, subtitles, audio descriptions or others) in all languages of the territory where the audiovisual media service is provided;
Amendment 117 #
Motion for a resolution Paragraph 12 f (new) 12 f. Is concerned by the implementation of the AVMSD in Hungary, which openly discriminates against the LGBT community and contravenes fundamental rights enshrined in articles 7,9 11, 16 and 21 of the Charter of Fundamental Rights of the European Union by seeking to ban or limit exposure to LGBT communities and issues in programming and advertising content;
Amendment 118 #
Motion for a resolution Paragraph 13 Amendment 119 #
Motion for a resolution Paragraph 13 Amendment 12 #
Motion for a resolution Recital A b (new) Ab. whereas the Media and Audiovisual Action Plan (MAAP) highlights the negative consequences of the penetration of the European market by video-on-demand platforms;
Amendment 120 #
Motion for a resolution Paragraph 13 13.
Amendment 121 #
Motion for a resolution Paragraph 13 13. Encourages, furthermore, in addition to traditional direct investment in film production and the regionally different film support structures that have evolved to achieve high-quality audiovisual content produced in the EU, greater agreement on common EU-wide requirements in investment incentive schemes in the form of tax credits; considers that such schemes should provide automatic eligibility mechanisms so that they are less dependent on award decisions by panels, are not capped and provide additional incentives for social or cultural effects that are desirable in terms of media policy, such as talent development, social obligations, inclusion, diversity, gender equality or greening;
Amendment 122 #
13. Encourages
Amendment 123 #
Motion for a resolution Paragraph 13 13. Encourages, furthermore, greater agreement on common EU-wide requirements
Amendment 124 #
Motion for a resolution Paragraph 13 13. Encourages, furthermore,
Amendment 125 #
Motion for a resolution Paragraph 13 a (new) 13 a. Recognizes the importance of the introduction of a minimum VoD quota and considers that ensuring its effective implementation is a priority; calls on the European Commission, Member States and audiovisual regulators to proceed to a detailed monitoring of its concrete implementation in all Member States as well as to assess its impact on the geographical, cultural, linguistic and artistic diversity of audiovisual works available to the European audience, including authored works; considers that equating a season of a series with one title should be assessed in due time in light of the objective of ensuring a balanced representation of cinematographic works and TV series;
Amendment 126 #
Motion for a resolution Paragraph 13 a (new) 13 a. Considers that any derogation to the country of origin principle and the introduction of any new barriers and restrictions to the freedom to provide services as established under Articles 56- 62 of the Treaty on the Functioning of the European Union, need to be assessed against the safeguards of proportionality, flexibility, predictability and non- discrimination;
Amendment 127 #
Motion for a resolution Paragraph 13 a (new) 13 a. Considers that when a Member State decides to impose financial obligations in favour of public broadcasters they should promote equal treatment and benefit all the different public broadcasters in the territory;
Amendment 128 #
Motion for a resolution Paragraph 13 a (new) 13a. Points out that, for the European audiovisual media market to function properly, effective measures to combat piracy of copyright-protected content are required too;
Amendment 129 #
Motion for a resolution Paragraph 13 b (new) 13 b. Emphasises the importance of the ability for Member States to develop investment obligations as per Art. 13.2 as these are essential for culturally diverse audiovisual ecosystems to be sustained locally in a globalised production and distribution market; welcomes the introduction by a majority of Member States of financial obligations requiring VoD- services to invest parts of their revenues in local productions; recalls the high level of flexibility left to Member States in designing investment obligations via direct investment (production and/or rights acquisition) or paying a levy to a support fund, suggests that greater efforts should be made on common European standards in investment incentive schemes;
Amendment 13 #
Motion for a resolution Recital A c (new) A c. whereas the cultural diversity is at the core of the AVMSD and contributes to supporting and promoting European creation in its diversity, therefore it should remain prominent as its guiding principle;
Amendment 130 #
Motion for a resolution Paragraph 13 b (new) 13 b. Stresses the importance of prominence, promotion and discoverability of European works and that they should be the subject of more attention and proposals, on the continuity of the work done by ERGA on the matter; calls on the Commission to present guidelines on how Member States can ensure the prominence and the discoverability of European works, with a view to improving access to a greater cultural and linguistic diversity, and suggests that these guidelines may define the terms of prominence and discoverability; stresses the need for access to online consumption data in order to properly evaluate the impact of the prominence obligation in particular;
Amendment 131 #
Motion for a resolution Paragraph 13 b (new) 13b. Stresses that the principle of licence fee territoriality, which is inherent to the audiovisual sector's funding model, plays a crucial role with regard to cultural diversity in that it prevents concentration of dominant players on the market, which would be detrimental to independent, alternative offerings; therefore restates the need to safeguard that principle and to keep audiovisual media services outside the scope of Regulation 2018/302, ensuring the sustainability of a diversified audiovisual offering and thus complementing the objectives of the AMS Directive;
Amendment 132 #
Motion for a resolution Paragraph 13 c (new) 13 c. Insists on the importance of the article 13.2 on the possibility to introduce financial obligations (contributions to funds or direct investment obligations) on the basis of a targeted derogation to the country-of-origin principle, as Member States retain full competence over their cultural policies including for the audiovisual sector; highlights that financial obligations are instrumental in stimulating private investments and public support policies to the benefit of European works and to sustain local audiovisual ecosystems in a changing market context; encourages Member States implementing financial obligations to make sure that they benefit European independent producers and authors as well as different audiovisual genres and the linguistic expressions;
Amendment 133 #
13c. Points out that data collection by platforms on the use of audiovisual works offers them considerable competitive advantages; calls on the Commission to seek appropriate solutions to this market imbalance and ensure that audiovisual services are able to access data relating to use of their own content;
Amendment 134 #
Motion for a resolution Paragraph 14 Amendment 135 #
Motion for a resolution Paragraph 14 Amendment 136 #
Motion for a resolution Paragraph 14 14. Considers that equating a season of a series with one
Amendment 137 #
Motion for a resolution Paragraph 14 14. Considers that equating a season of a series with one title, as set out in the guidelines pursuant to Article 13(7) of the Directive on the calculation of the share of European works in on-demand catalogues,
Amendment 138 #
Motion for a resolution Paragraph 14 14. Considers that equating a season of a series with one title, as set out in the guidelines pursuant to Article 13(7) of the Directive on the calculation of the share of European works in on-demand catalogues,
Amendment 139 #
Motion for a resolution Paragraph 14 14. Considers that
Amendment 14 #
Motion for a resolution Recital A d (new) A d. whereas, the country of origin principle is enshrined in EU law, and has greatly contributed to the growth and success of the European audiovisual sector, as well as to the discoverability of European works;
Amendment 140 #
Motion for a resolution Paragraph 14 a (new) 14 a. Calls on Member States to better protect the European model of author’s rights against practices, such as work-for- hire contracts and buy-out contracts, where the intellectual property rights of creators are waived in full or in part; stresses that, in order to be considered an European work pursuant to Article 13(7) of the Directive, the law governing the contract must be that of the European Union or of one of its Member States; suggests that this latter requirement also applies to the eligibility criteria to benefit from funding under the Creative Europe Media programme;
Amendment 141 #
Motion for a resolution Paragraph 14 a (new) 14 a. Calls for further analysis of the actual implementation of the guidelines pursuant to Article 13(7) of the AVMSD for calculating the share of European works in on-demand catalogues, in order to assess whether the calculation of shares of works in the catalogues of on- demand service providers but also as regards low turnover and low audience providers are sufficiently clear and allow for the application to be harmonised to a sufficient extent;
Amendment 142 #
Motion for a resolution Paragraph 14 a (new) 14 a. Stresses that the prominence of European works as required by Article 13 of the Directive cannot be achieved without transparent access to data on the consumption of works; recalls that this data is necessary both for national financing funds and for private audiovisual actors; calls on the European Commission and the Member States for an initiative for the transparency of data relating to the success of works;
Amendment 143 #
Motion for a resolution Paragraph 14 a (new) 14a. Consider that strategies should be developed to improve the discoverability of European works on platforms;
Amendment 144 #
Motion for a resolution Paragraph 14 b (new) 14 b. Considers that the role of the Directive is also to structure a European environment beneficial to European audiovisual creation; believes that such an environment should include some form of protection of European works, intellectual property and production capacity, and to ensure that European audiovisual actors receive adequate economic benefits from the exploitation of their works; calls therefore on the Commission and the Member States to continue their discussions on the protection of strategic cultural assets;
Amendment 145 #
Motion for a resolution Paragraph 15 15. Calls for the potential of co- and self-regulation to be exploited to the full and for their respective impact on audiovisual media service providers to be evaluated regularly to provide the best possible quality and impact;
Amendment 146 #
Motion for a resolution Paragraph 15 a (new) 15 a. Calls on all Member States to swiftly implement the Audiovisual Media Services Directive as revised in 2018 in all its provisions; Calls on the Commission to closely monitor development in this regard with special attention to Article 30 provisions on the role, powers and independence of audiovisual media services regulators; Insists that national regulatory authorities or bodies shall exercise their powers impartially and transparently and in accordance with the objectives of this Directive, in particular media pluralism, cultural and linguistic diversity, consumer protection, accessibility, non- discrimination, the proper functioning of the internal market and the promotion of fair competition; and that national regulatory authorities or bodies should have adequate financial and human resources and enforcement powers to carry out their functions effectively;
Amendment 147 #
Motion for a resolution Paragraph 15 a (new) 15 a. Calls on the Commission to further investigate the fast-growing offer of audiovisual media services produced by online influencers, with a focus on youth and consumer protection, and to fully enforce the clear and recognisable separation between advertising and own content; the failure to identify commercial communications as such is increasingly becoming a problem in terms of competition and has a negative impact on the protection of minors and consumers;
Amendment 148 #
Motion for a resolution Paragraph 15 a (new) 15 a. Considers that consideration could be given to the implementation of Article 14 of the Directive, concerning the broadcasting of events of major importance and the possibility for the general public to watch them, particularly with regard to the acquisition of audiovisual sports rights by video-on- demand subscription services;
Amendment 149 #
Motion for a resolution Paragraph 15 a (new) 15 a. Calls to Member States and regional governments to ensure that national and regional regulatory authorities exercise their powers impartially and transparently and in accordance with the objectives of this Directive, in particular media pluralism, cultural and regional diversity, language preservation, and consumer protection;
Amendment 15 #
Motion for a resolution Recital B B. whereas new horizontal legal provisions at Union level make it necessary to clarify its their interconnection with this specific legal framework for audiovisual media service providers in a consistent and coherent manner; whereas the potential for conflict and thus the need for consistency and coherence has increased significantly in recent times due to enacted or proposed legislation at EU level in the “digital decade”, namely, the DSA, which addresses players in the distribution and value chain of audiovisual content and has direct links with the AVMSD; whereas more evident links exist in the proposals for an EMFA and the proposal for a regulation on political advertising, which address issues directly relevant for the audiovisual media sector;
Amendment 150 #
Motion for a resolution Paragraph 15 b (new) 15 b. Notes that in addition to IPTV and OTT TV operators, many platform providers relevant for the distribution of and access to audiovisual media services, radio services and print or audio online services in the EU do not fall within the scope of the Digital Market Act and are therefore not obliged to grant access to data generated in relation to the use of a corresponding media service and may also continue to place their own services or offers before those of third parties; both have a detrimental impact on the European media landscape, harm fair competition in the media and need to be addressed by legislation;
Amendment 151 #
Motion for a resolution Paragraph 15 b (new) 15 b. Stresses that in more than half of the EU Member States, the appointment of heads of national and regional media regulatory authorities(NRMRs) or members of the bodies is considered either medium or high risk, according to the latest Media Pluralism Monitor of the Centre for Media Pluralism and Media Freedom (CMPF) showing clearly that stronger enforcement mechanisms are needed;
Amendment 152 #
Motion for a resolution Paragraph 15 c (new) 15 c. Recalls that ERGA is composed of national independent regulatory authorities and those regional independent regulatory authorities with competencies in the field of audiovisual media services; believes that national and regional independent regulatory authorities can represent the Member State in a rotating system and participate in the meetings;
Amendment 153 #
Motion for a resolution Paragraph 15 c (new) 15 c. Calls on the Member States and the Commission to ensure wherever possible that the identity of the audiovisual media service provider is clearly identifiable by users, including online, by means of a logo or other type of branding;
Amendment 154 #
Motion for a resolution Paragraph 15 d (new) 15 d. Asks Member States and regional governments with competences with in the field of audiovisual media services to establish national and regional regulatory authorities with competences in the field of audiovisual media services that are independent of their governments or other public or private bodies; recalls that regulators should exercise their powers impartially and transparently, according to Article 30 (2);
Amendment 155 #
Motion for a resolution Paragraph 16 16. Urges the Member States to fulfil their obligation under Article 30(4) of the Directive regarding the financial and human resources of national regulatory authorities or bodies in light of their increasingly complex tasks and to promote their cross-border cooperation and insists on the need to safeguard the independence required by the Directive; Stresses the importance of providing ERGA with effective means and tools to monitor compliance with the obligations laid down in the Directive, as well as sanctions in the event of non-compliance, requests more independence for ERGA by, among others, setting up an own Secretariat independent from the Commission;
Amendment 156 #
Motion for a resolution Paragraph 16 a (new) 16 a. Stresses the need to protect SMEs, to ensure the proper functioning of the audiovisual sector and adverse offer to the benefit of the EU audience;
Amendment 157 #
Motion for a resolution Paragraph 17 17. Urges the Commission to issue in good time the guidelines required under Article 33a(3) on the scope of the Member States’ reports on the implementation of the measures for the development of media literacy skills, so that the timely submission of these reports is not further delayed; reiterates that recipients of media services within the European Union have a right to receive and impart information pursuant to Article 11 of the Charter of Fundamental Rights of the European Union and recalls that this right, and the ability to access free and pluralistic media services in the European Union, cannot be enjoyed by all unless it is accompanied by sufficient media literacy education, as particularly addressed by the revised Audiovisual Media Services Directive; emphasises that media literacy should not be limited to learning about tools and technologies, but should aim to equip citizens with the critical thinking skills required to exercise judgment, analyse complex realities and recognise the difference between opinion and fact;
Amendment 158 #
Motion for a resolution Paragraph 17 17. Urges the Commission to issue
Amendment 159 #
Motion for a resolution Paragraph 17 a (new) 17 a. Notes that challenges to the right to receive and impart information and to the ability to access free and pluralistic media services are often compounded as a result of the predominance of certain online platforms; therefore recommends that consideration be given to create levy on these platforms from which funding could be sourced for the establishment and strengthening of media literacy initiatives across Member States;
Amendment 16 #
Motion for a resolution Recital B B. whereas new horizontal legal provisions (such as Directive (EU) 2019/790 "Copyright Directive") at Union level make it necessary to clarify
Amendment 160 #
Motion for a resolution Paragraph 17 a (new) 17a. Calls for all measures to be taken to guarantee cultural diversity, pluralism of opinion in the EU, the independence of European producers, their capacity for innovation and preservation of the intellectual property of their works, based in particular on an in-depth analysis of market developments in the EU
Amendment 161 #
Motion for a resolution Paragraph 17 a (new) 17 a. Stresses that the future dissolution of the ERGA in favour of the European Board for Media Services, in light of the upcoming European Media Freedom Act, should not hamper the proper application of the revised Directive;
Amendment 162 #
Motion for a resolution Paragraph 17 b (new) 17 b. Understands that Article 14 of the AVMSD is sometimes implemented in a disproportionate manner, inter alia, concerning the volume of events covered, the rules on negotiations with qualified bidders and qualifying criteria, or their overall fitness for the current competitive landscape; Calls on the Commission to closely monitor these rules and assess their adequateness in the future;
Amendment 163 #
Motion for a resolution Paragraph 17 b (new) 17b. Stresses that the worrying rise in audiovisual production costs is due in particular to the absence of regulation in that sector and that effective implementation of the obligations contained in the AVMS Directive will prevent future increases;
Amendment 164 #
Motion for a resolution Paragraph 17 c (new) 17c. Points out that the obligations imposed on non-linear services are justified and could be stepped up;
Amendment 165 #
Motion for a resolution Paragraph 17 f (new) Amendment 166 #
Motion for a resolution Paragraph 17 g (new) 17g. Calls for a ban on content modification without the agreement of audiovisual media service providers in order to guarantee editorial freedom and pluralism;
Amendment 167 #
Motion for a resolution Paragraph 18 a (new) 18a. Recalls the importance of Recital 71 of the AVMS Directive, which seeks to strengthen the criteria defining an independent production, specifying that it should be the work of an independent producer and own the related revenues and exploitation rights (including secondary rights). Furthermore, the broadcaster of such an independent production should not hold, directly or indirectly, more than the producer's majority share of the production or resulting revenues, nor should it be given financial, technical, legal and artistic responsibility for the production of the work;
Amendment 168 #
Motion for a resolution Paragraph 18 a (new) 18 a. Regrets that some Member States defined independent producers in a way that allows producers linked to a media service provider to be considered as such; is concerned that this leads to market concentration and departs from the cultural and language diversity objective of the directive;
Amendment 169 #
Motion for a resolution Paragraph 18 b (new) Amendment 17 #
Motion for a resolution Recital B a (new) B a. whereas easily accessible and comprehensive user information on the ownership of media producers can be key in combating further media concentration, and whereas at the same time there is a need to swiftly clarify which data on the use by streaming services of content must be transparent and available to the corresponding film producers, as well as to individual users;
Amendment 170 #
Motion for a resolution Paragraph 18 d (new) 18d. Stresses the need to strengthen recital 71 of the AVMS Directive setting out the main specifications of an independent producer by including new criteria. An independent producer must not be established outside the territory of the Union or be controlled by capital of non- EU origin. In addition, the producer must be completely independent of the broadcaster and must not be owned directly or indirectly by a broadcaster in terms of either equity or voting rights. Finally, an independent producer must not hold, directly or indirectly, any broadcaster share capital or voting rights and the broadcaster must not be in the hands of any shareholder or group of shareholders controlling the producer.
Amendment 18 #
Motion for a resolution Recital C C. whereas positive encouragement and promotion of professional audiovisual media services from the Union can make an important contribution to the global fight against disinformation and fake news; whereas this contributes to the effective implementation of the right to information and to the promotion of public discourse based on a multitude of opinions;
Amendment 19 #
Motion for a resolution Recital D D. whereas, in light of the omnipresence of digital media services and of the profusion of information sources on the internet, the acquisition of media literacy by children and adolescents, as well as by adults, is an indispensable basic skill , which, in addition to functional understanding, must include the ability for critical (self-
Amendment 2 #
Motion for a resolution Citation 3 a (new) — having regard to the Council conclusions of 4 April 2022 on building a European Strategy for the Cultural and Creative Industries Ecosystem,
Amendment 20 #
Motion for a resolution Recital D a (new) D a. whereas Article 13(2) of the Directive allows Member States to impose obligations to finance European works on audiovisual media services established in another Member State but operating on their territory; whereas this financing may take the form of a contribution to the national film funds, and of direct investment in European works; whereas 14 Member States have decided to introduce this obligation;
Amendment 21 #
Motion for a resolution Recital D a (new) D a. whereas the United Nations Convention on the Rights of Persons with Disabilities (CRPD) legally binds the European Union and all Member States to ensure the right to accessibility (Article 9), freedom of expression, opinion, and access to information (Article 21) and participation in cultural life (Article 30);
Amendment 22 #
Motion for a resolution Recital D a (new) Da. whereas the entertainment industry is undergoing major changes, and whereas this has an impact on intellectual property rights;
Amendment 23 #
Motion for a resolution Recital D b (new) D b. whereas European works, as defined in Article 1 of the Directive, are defined to include works originating from the Member States but also from third countries, subject to certain conditions; whereas the current definition of European works does not include any mandatory criteria relating to direct and indirect European control of the production company, or to intellectual property rights;
Amendment 24 #
Motion for a resolution Recital D b (new) Db. whereas there is a risk to European creation in the current practice of vertically integrated platforms under which producers cede intellectual property rights to the works they disseminate;
Amendment 25 #
Motion for a resolution Recital D b (new) D b. whereas the amount of audiovisual production in European regional and minority languages is inadequate in all EU member states;
Amendment 26 #
Motion for a resolution Recital D c (new) D c. whereas millions of children throughout Europe use their regional or minority languages (RMLs) in everyday life, are educated in RML medium schools, yet have little media in their own language;
Amendment 27 #
Motion for a resolution Recital D c (new) Dc. whereas the weakness of intellectual property retention poses a threat to content creators;
Amendment 28 #
D d. whereas independent and impartial national and regional media regulatory authorities are a precondition for media freedom and pluralism in order to protect the media from undue political and commercial interference as they safeguard independent, accountable, and transparently operating media services;
Amendment 29 #
Motion for a resolution Recital D d (new) Dd. whereas many non-EU countries shoot works in the United Kingdom, which means that many US-UK co- productions qualify as European productions, rendering meaningless Article 13(1), which introduces a quota of 30% of European works;
Amendment 3 #
Motion for a resolution Citation 7 a (new) — having regard to the Europe’s Media in the Digital Decade: An Action Plan to Support Recovery and Transformation from the Commission on 3 December 2020,
Amendment 30 #
Motion for a resolution Recital D e (new) De. whereas a specific definition of European work is required so that the AVMSD can effectively defend the diversity of content produced in the EU;
Amendment 31 #
Motion for a resolution Recital D f (new) Df. whereas platforms do not provide access to audience data for works, but whereas this data is needed for rights holders, regulators and authorities in order to adapt policies to support creation;
Amendment 32 #
Motion for a resolution Paragraph 1 a (new) 1 a. Recognises as a good practice and strongly encourages member states to foresee in their legislation for the interconnections of the Directive with relevant horizontal legal provisions at the Union level, such as the DSA and the copyright Directive, safeguarding a framework for fair conditions for all workers in the cultural creative sector, participants and consumers;
Amendment 33 #
Motion for a resolution Paragraph 2 2. Recalls the Commission’s obligation, as laid down in Article 33, second sentence of the Directive, to submit a report on the application of the Directive no later than 19 December 2022, and reminds the Member States’ of their obligation under Article 7(2) of the Directive to report to the Commission on progress regarding accessibility by the same date; also recalls the Commission’s obligation to report on the application of Article 13(1) and (2) on the basis of the information provided by Member States by 19 December 2021 and of an independent study, taking into account the market and technological developments and the objective of cultural diversity;
Amendment 34 #
Motion for a resolution Paragraph 2 2. Recalls the Commission’s obligation, as laid down in Article 33, second sentence of the Directive, to submit a report on the application of the Directive no later than 19 December 2022, and reminds the Member States’ of their obligation under Article 7(2) of the Directive to report to the Commission on progress regarding accessibility by the same date; draws attention to the Commission’s media outlook announced in the Media Audiovisual Action Plan (MAAP) that will notably focus on the consequences of the tackling of the EU market by the global VOD platforms;
Amendment 35 #
Motion for a resolution Paragraph 2 2. Recalls the Commission’s obligation, as laid down in Article 33, second sentence of the Directive, to submit a report on the application of the Directive no later than 19 December 2022, and reminds the Member States’ of their obligation under Article 7(2) of the Directive to report to the Commission on progress regarding accessibility by the same date; when assessing the Member States’ implementation of their obligations under the AVMSD, the Commission should verify that their understandings of ‘proportionate measures’ are not voiding Article 7;
Amendment 36 #
Motion for a resolution Paragraph 2 a (new) 2 a. Recalls the Commission’s obligation to report on the application of Article 13 para 1 and 2 on the basis of the information provided by Member States by 19 December 2021 and of an independent study, taking into account the market and technological developments and the objective of cultural diversity; Regrets that the Commission has not yet provided [on time] its report on the application of the 2010/13/EU Directive for the period 2015-2019, which would have been interesting for benchmarking the implementation of the revised Directive;
Amendment 37 #
Motion for a resolution Paragraph 2 a (new) 2 a. Stressess the importance of the country of origin principle; highlights that the latest revision of the AVMSD introduced derogations to the country of origin principle, in particular under article 13; notes that the derogations leads to significant fragmentation of the single market, contributing to a re- nationalisation of the European audiovisual market and risks discouraging market players from entering smaller European markets to the detriment of all actors involved and the European citizens;
Amendment 38 #
Motion for a resolution Paragraph 2 a (new) 2 a. Recalls the Commission´s obligation to report on the application of Art. 13 (1) and (2) on the basis of the information provided by Member States by 19th December 2021 and of an independent study, taking into account the market and technological developments and the objective of cultural diversity;
Amendment 39 #
Motion for a resolution Paragraph 2 a (new) 2 a. Regrets that the Commission has not yet provided its report on the application of the 2010/13/EU Directive for the period 2015-2019, which would have contributed significantly in providing an accurate benchmarking of the implementation of the revised Directive;
Amendment 4 #
Motion for a resolution Citation 11 a (new) — having regard to the provisions of the European Charter for Regional or Minority Languages , regarding the media,
Amendment 40 #
Motion for a resolution Paragraph 3 3. Calls on the Commission to take the necessary measures to prevent any abuse of rights in the application of Article 2(4) of the Directive; including by some Member States when imposing very restrictive requirements for broadcasters which are detriment of a healthy audiovisual media environment and good functioning of EU single market;
Amendment 41 #
Motion for a resolution Paragraph 3 3. Calls on the Commission to promptly take the necessary measures to address the shortcomings and prevent any abuse of rights in the application of Article 2(4) of the Directive;
Amendment 42 #
Motion for a resolution Paragraph 4 a (new) Amendment 43 #
Motion for a resolution Paragraph 4 a (new) 4 a. Notes that different levels of consumer protection with regards to commercial communications and the protection from harmful and illegal content exist in different environments; underlines that this creates an un-even level playing field between audiovisual media services and video sharing platforms which is detrimental to consumer protection and sustained investments in news and audiovisual content; notes that whilst audiovisual media service providers are subject to strict rules to protect viewers from harmful content under articles 6 and 6a of the AVMSD, video sharing platforms are only subject to limited requirements via article 28b which necessitates only to roll out some functionalities and modifying their terms and conditions;
Amendment 44 #
Motion for a resolution Paragraph 4 a (new) 4 a. Notes that different levels of consumer protection with regards to commercial communications and the protection from illegal content exist in different environments; underlines that this creates an un-even level playing field between audiovisual media services and video sharing platforms which is detrimental to consumer protection, especially concerning the protection of minors; underlines that the AVMSD is largely responsible for this regulatory asymmetry;
Amendment 45 #
Motion for a resolution Paragraph 4 a (new) 4a. Calls for the definition of European work to be revised so as to consolidate the aspects relating to intellectual property and the exploitation of the work, and to enable effective enforcement of the AVMSD;
Amendment 46 #
Motion for a resolution Paragraph 4 b (new) 4b. Considers that ‘works originating in European third States party to the European Convention on Transfrontier Television’, in the wording of 1989, should not be classed as European works;
Amendment 47 #
Motion for a resolution Paragraph 4 c (new) 4c. Takes the view that any producers applying for their work to be classified as a European work must be established in an EU Member State and be holders of the rights, revenue and marketing mandates, as well as guarantors of the work's financial success;
Amendment 48 #
Motion for a resolution Paragraph 4 d (new) 4d. Considers that the producers established in a Member State must make the highest financial contribution to the total cost of production;
Amendment 49 #
Motion for a resolution Paragraph 5 5. Calls on the Member States to ensure, in transposing the Directive, that it is clear and easy to understand, in particular for end-users, whether the
Amendment 5 #
Motion for a resolution Recital A A. whereas the country of origin principle laid down in Article 2(1) of the Directive has successfully proved itself as an important pillar for the free and unhindered dissemination of information and for the cross-border distribution of audiovisual media services and constitutes an important basis for the protection of audiovisual media service providers
Amendment 50 #
Motion for a resolution Paragraph 5 a (new) Amendment 51 #
Motion for a resolution Paragraph 5 a (new) 5 a. Notes that the requirements for the protection of minors and consumers are still regulated very differently in the case of traditional media providers and that of VODs, thus undermining the harmonising provisions of the Directive in practice; calls, in particular, for the measures taken and the degree of implementation of Article 28b in the case of VODs to be examined as part of the ongoing evaluation of the implementation and effectiveness of the directive;
Amendment 52 #
Motion for a resolution Paragraph 5 a (new) 5 a. Notes that different levels of consumer protection with regards to commercial communications; Underlines that this creates an un-even level playing field between audiovisual media services and video sharing platforms which is detrimental to consumer protection;
Amendment 53 #
Motion for a resolution Paragraph 5 b (new) 5 b. Notes that whilst audiovisual media service providers are subject to strict rules to protect viewers from harmful content under articles 6 and 6a of the AVMSD, video sharing platforms are only subject to a light-touch regime via article 28b which requires them only to roll out some functionalities and modifying their terms and conditions;
Amendment 54 #
Motion for a resolution Paragraph 5 c (new) 5 c. Is aware that article 5 recognises the ability of Member States to adopt legislative measures providing that, in addition to the information listed in paragraph 5.1, media service providers under their jurisdiction make accessible information concerning their ownership structure, including the beneficial owners; calls legislators to increase transparency requirements by turning article 5.2 from an enabling provisions into an obligation to pursue an objective of general interest;
Amendment 55 #
Motion for a resolution Paragraph 6 6. Considers that horizontal legislation applicable to audiovisual media services, such as the Digital Services Act or horizontal co- and self-regulation standards, such as the 2022 Strengthened Code of Practice on Disinformation, should always be interpreted in a manner that is consistent with the objectives of the Directive; calls, with particular regard to the DSA, the EMFA proposal and the Regulation on political advertising for a clarification on the interplay of the AVMSD, not only in light of the endeavour to create legal certainty and ensure effective (cross-border) law enforcement but also in light of the maintenance of value decisions of the AVMSD such as the independence of supervision and the protection of editorial content;
Amendment 56 #
Motion for a resolution Paragraph 6 a (new) 6 a. Stresses the usefulness of the ‘MAVISE’ database1a, managed by the European Audiovisual Observatory, which provides information on audiovisual media services, video-sharing platforms, and their jurisdiction in Europe, and calls for further efforts to expand its reach and facilitate its use by all interested users; _________________ 1a https://mavise.obs.coe.int/
Amendment 57 #
Motion for a resolution Paragraph 6 a (new) 6 a. Recalls that sectoral laws remain the core part of the regulatory framework for the media in the Union and calls upon European decision-makers to confirm and respect the basic principle that sectorial law shall prevail over horizontal law;
Amendment 58 #
Motion for a resolution Paragraph 6 a (new) 6a. Calls on the Commission to ensure greater legal certainty by clarifying the relationship between the various pieces of EU legislation that may impinge on the regulation of the audiovisual sector;
Amendment 59 #
7.
Amendment 6 #
A a. whereas the Directive plays a key role in structuring the European audiovisual ecosystem by pursuing the objectives of creativity and diversity, and is thus a cornerstone of the implementation of Article 167 TFUE;
Amendment 60 #
Motion for a resolution Paragraph 7 7. Calls on the Commission, on the basis of the Member States’ reports and in cooperation with ERGA and in dialogue with relevant civil society organisations, to work on common qualitative and quantitative targets to continually promote the further development of accessible services and to improve the accessibility of services overall; clear targets, based in each case on the most up-to-date technical developments, in relation to the respective access services, with clear deadlines set in relation to their respective implementation, are desirable; reporting on improvements in accessible offers must be publicly available;
Amendment 61 #
Motion for a resolution Paragraph 7 7. Calls on the Commission, on the basis of the Member States’ reports and in cooperation with ERGA, to work on common qualitative and quantitative targets to promote the further development of accessible services for persons with disabilities and to improve the accessibility of services overall; Such targets should state, with clear timelines, what percentage of audiovisual content should be made accessible and for what type of access service. These targets should be based on the situation of media accessibility in the Member State;
Amendment 62 #
Motion for a resolution Paragraph 7 a (new) 7 a. Notes the potential of using artificial intelligence to increase the accessibility of audiovisual offers and calls on the Commission and the Member States to promote this in a strategic and targeted manner;
Amendment 63 #
Motion for a resolution Paragraph 7 a (new) 7 a. Calls on the Commission to request European standards for access services, including icons, which respect existing practices but can be used by countries in which there is no quality guidance;
Amendment 64 #
Motion for a resolution Paragraph 7 b (new) 7 b. Recommends the future AccessibleEU Centre to create a forum for all the stakeholders affected by the European Accessibility Act (EAA) and the Audiovisual Media Services Directive (AVMSD) to exchange practices and find synergies to improve media accessibility in the EU;
Amendment 65 #
Motion for a resolution Paragraph 7 c (new) 7 c. Calls on the Commission to procure a study to measure and benchmark media accessibility between Member States;
Amendment 66 #
Motion for a resolution Paragraph 8 8. Encourages Member States to better use and exploit the opportunities that can arise from the appropriate promotion of audiovisual media services of general interest; suggests, furthermore, that ERGA should help to develop guidelines in this regard, with a view to a harmonised European approach, based on an analysis of best practices; believes that progress could be made towards an obligation of prominence for general interest audiovisual media services, under the condition that the scope and understanding of the general interest content is harmonised and does not go against EU values;
Amendment 67 #
Motion for a resolution Paragraph 8 8. Encourages Member States to better use and exploit the opportunities that can arise from the appropriate promotion of audiovisual media services of general interest; suggests, furthermore, that ERGA develop guidelines in this regard, detailing how to promote audiovisual media services of general interest without restricting existing systems or their further development;
Amendment 68 #
Motion for a resolution Paragraph 8 8.
Amendment 69 #
Motion for a resolution Paragraph 8 8. Encourages Member States to better use and exploit the opportunities that can arise from the appropriate promotion of audiovisual media services of general
Amendment 7 #
Motion for a resolution Recital A a (new) A a. whereas the country of origin principle facilitates the cross-border provision of services by providing legal certainty and incentivizes investments in innovative and creative productions;
Amendment 70 #
Motion for a resolution Paragraph 8 a (new) 8 a. Regrets that only very few Member States have yet taken measures to promote the prominence of general interest audiovisual media services in accordance with Article 7a; Underlines the importance of numeric buttons on remotes, devices and user interfaces to ensure the visibility and findability of general interest services; Notes that some manufacturers are removing these buttons from their remotes, putting at stake traditional channel numbering systems and preventing the audience from directly accessing their favourite linear channels; Highlights the need to ensure proper implementation of these prominence provisions, considering the key role that device manufacturers and interface providers play for the way in which users access, discover and find audiovisual media services online;
Amendment 71 #
Motion for a resolution Paragraph 8 a (new) 8 a. Considers that there is a need for pre-defining, diversity-securing and specific media law requirements for the use and integration of artificial intelligence (AI), especially when it comes to the generation or distribution of audiovisual content; in this context, AI- supported models must be designed or, where necessary, their use restricted in such a way that they serve an open-ended model of discourse and equal opportunities in the media, and also promote critical-creative impulses and are open to being confronted with the counter-argument to one's own position;
Amendment 72 #
Motion for a resolution Paragraph 8 a (new) 8 a. Underlines the importance of numeric buttons on remotes to ensure the visibility and findability of general interest services; Notes that some manufacturers are removing these buttons from their remotes, putting at stake traditional channel numbering systems and preventing the audience from directly accessing their favourite linear channels;
Amendment 73 #
Motion for a resolution Paragraph 8 a (new) 8a. Recalls that a Member State may impose obligations to ensure that operators of interfaces not established on its territory provide audiovisual media services of general interest and European works with sufficient visibility;
Amendment 74 #
Motion for a resolution Paragraph 9 9. Points out, in this regard, that services or content of general interest are deliberately not limited to public service media but also include content provided by commercial media service providers aimed at meeting social, democratic and cultural needs, as they may represent a greater diversity of views on the political spectrum;
Amendment 75 #
Motion for a resolution Paragraph 9 9. Points out, in this regard, that services or content of general interest are deliberately not limited to public service media but also include services or content provided by commercial media service providers aimed
Amendment 76 #
Motion for a resolution Paragraph 10 10. Considers that the objectives of the Directive are served by Member States taking measures to ensure findability of content and services of general interest vis- à-vis relevant user interfaces and platform services that offer their services to users in the territory of that Member State but are not themselves established there; recalls that it is important for these measures to be based on transparent and objective criteria;
Amendment 77 #
Motion for a resolution Paragraph 10 10. Considers that the objectives of the Directive are served by Member States taking measures to ensure findability
Amendment 78 #
Motion for a resolution Paragraph 10 10. Considers that the objectives of the Directive are served by Member States taking measures to ensure prominence of European audiovisual works, findability of content and services of general interest vis-
Amendment 79 #
Motion for a resolution Paragraph 10 10. Considers that the objectives of the Directive are served by Member States taking measures to ensure discoverability of European works and findability of content and services of general interest vis- à-vis relevant user interfaces and platform services that offer their services to users in the territory of that Member State but are not themselves established there;
Amendment 8 #
Motion for a resolution Recital A a (new) Aa. whereas the main objective of the AVMSD is to protect cultural diversity and pluralism of opinion in the European Union under Article 167 TFEU;
Amendment 80 #
10 a. Calls on the Commission and the Member States, through consistent, coherent implementation and application of this Directive in conjunction with the Digital Services Acts, to minimise the regulatory disparities that exist regarding audiovisual offerings from different providers but which are available on one and the same online platform, while at the same time enforcing high standards with regard to respect for human dignity, ensuring the protection of minors, public order and safety, and a respectful, pluralistic and well-functioning democratic discourse;
Amendment 81 #
Motion for a resolution Paragraph 10 b (new) 10 b. Stresses that Member States are free to include other types of media, such as radio, online audio or press, when transposing the directive into national law;
Amendment 82 #
Motion for a resolution Paragraph 11 a (new) 11 a. Urges the Commission to examine the effects of the transpositions and applications of Articles 13(1) (30% quota) and 13(2) (investment obligation), in particular, in order, on the one hand, to meet the requirements of Article 13(5) and, on the other hand, to determine in general how European works are promoted in view of the relevant and current cultural, technical and commercial developments taking place in a disparate European media landscape with small and large regional, European and non-European providers;
Amendment 83 #
Motion for a resolution Paragraph 11 a (new) 11 a. Welcomes the smooth and effective implementation by Member States of the minimum required 30% quota obligation for European works in on-demand services’ catalogues, which has had a positive impact on cultural diversity through the exposure of the EU audience to European works and by offering opportunities for European creations to reach viewers across the EU;
Amendment 84 #
Motion for a resolution Paragraph 12 Amendment 85 #
Motion for a resolution Paragraph 12 12. Considers it appropriate to maintain the European quota targets as minimum targets at their current level; points out that this is a mechanism the aim of which is to promote cultural diversity and stimulate European creation; stresses, however, that because of the late transposition of the revised AMS Directive by the Member States it is still too early to draw conclusions regarding implementation of Article 13, and in particular the provisions thereof on a minimum share of European works that providers of on- demand audiovisual media services should include in their catalogues, or provisions on financial contributions; calls on the Commission to carry out as soon as possible an assessment of the real impact of those provisions on cultural diversity and the promotion of European and independent creation; calls on the Commission to analyse the need for any future changes to the minimum thresholds for European works in the catalogues of providers of on-demand audiovisual media services in conjunction with the necessary assessment of the relevance of the criteria defining a European work; takes the view that, in order to define a European work, criteria such as ownership of intellectual property rights and authorisations for usage by European creators and producers could be taken into account, thus allowing them to retain artistic control over their works; considers that that can help to ensure greater fairness in terms of contractual links between European creators and large platforms;
Amendment 86 #
Motion for a resolution Paragraph 12 12.
Amendment 87 #
Motion for a resolution Paragraph 12 12. Considers it appropriate to
Amendment 88 #
Motion for a resolution Paragraph 12 12. Considers it
Amendment 89 #
Motion for a resolution Paragraph 12 12. Considers it appropriate to
Amendment 9 #
Motion for a resolution Recital A a (new) A a. whereas the main objective of the AVMS Directive is to protect the cultural and language diversity of the European Union under Article 167 TFEU;
Amendment 90 #
Motion for a resolution Paragraph 12 12. Considers it appropriate to maintain the European quota targets as minimum targets at their current level; states that European cultural creation must be safeguarded and supported through domestic preference rules;
Amendment 91 #
Motion for a resolution Paragraph 12 12. Considers it appropriate to maintain the European quota targets as minimum targets at their current level and that the provision is implemented taking into account official languages in the Member States;
Amendment 92 #
12 a. Notes that the quota of European works for on-demand services does not exclude certain types of programmes contrary to the quota for broadcasters of Article 16 that excludes news, sports events, games, advertising, teletext services and tele-shopping; also notes that the business models of on-demand services have evolved to include non- scripted programmes in addition to films and series; calls, therefore, on the Commission to assess the types of programmes offered by on-demand services to ensure that the focus of the quota on films and series is not undermined by other programmes and to review the 2020 guidelines on the calculation of European works if necessary;
Amendment 93 #
Motion for a resolution Paragraph 12 a (new) 12 a. Draws the Commission’s attention to its reporting obligation under Article 13(5) of the AVMSD and calls on it, in particular, to examine whether the rule in Article 13(2) could, in certain circumstances, run counter to the country of origin principle, lead to fragmentation of the internal market or possibly discourage market participants from investing in smaller markets, ultimately harming cultural and media diversity, and calls on the Commission to suggest possible solutions where appropriate;
Amendment 94 #
Motion for a resolution Paragraph 12 a (new) 12a. Stresses that practices such as the acquisition by platforms, in perpetuity, of all intellectual property rights of European creators and producers can have a negative impact on cultural diversity; calls on the Commission to consider, in connection with any potential revision of the AMS Directive by 2026, measures to enhance enforcement of intellectual property rights;
Amendment 95 #
Motion for a resolution Paragraph 12 a (new) 12 a. Proposes that the effective access to European works in online catalogues, in particular those of the major streaming providers in accordance with Article 13(1), be the focus of independent implementation studies and their social evaluations, in order to thus help to ensure findability in a lasting manner, firmly establishing this as a necessary concept for safeguarding cultural diversity based on effective practical experience;
Amendment 96 #
Motion for a resolution Paragraph 12 a (new) 12 a. Requests a detailed monitoring of the implementation of Art. 13(1) to discover differences in the approaches of broadcasters and VoDs with regard to the provision as well as possible differences in the qualifications of European works, calls on the Commission to assesss the types of programmes offered by VoD services to ensure that the focus of the quota is not undermined by filling it with non-scripted programmes;
Amendment 97 #
Motion for a resolution Paragraph 12 a (new) 12 a. Recommends to envisage raising the minimum 30% share of European works in on-demand services’ catalogues in the next revision of the Directive considering that the quota was already met in most Member States at the time of adoption of the Directive; Suggests increasing the quota to reduce the gap with the broadcasters’ obligation and encouraging the production of European and independent works;
Amendment 98 #
Motion for a resolution Paragraph 12 a (new) 12 a. Recognises that implementation of the provisions foreseen in the AVMSD has been disproportionate in some cases; notes that this can be detrimental to the healthy European audiovisual media environment and undermine the single market; considers that a maximum harmonisation approach may be more appropriate in some areas of the AVMSD to avoid abuses and disproportionate implementation;
Amendment 99 #
Motion for a resolution Paragraph 12 a (new) 12 a. Considers that the introduction of minimum quotas for European works are a useful tool to promote the creation and access to European works; considers it necessary to ensure regular monitoring of the percentage of European works in catalogues and to adjust the level of obligation if necessary, with a view to ensure the presentation of a diversity of works;
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