23 Amendments of Laurence FARRENG related to 2022/2038(INI)
Amendment 2 #
Motion for a resolution
Citation 3 a (new)
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 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 19 #
Motion for a resolution
Recital D
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- )reflection regarding media usage patterns;
Amendment 20 #
Motion for a resolution
Recital D a (new)
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 23 #
Motion for a resolution
Recital D b (new)
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 41 #
Motion for a resolution
Paragraph 3
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 66 #
Motion for a resolution
Paragraph 8
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 74 #
Motion for a resolution
Paragraph 9
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 84 #
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 99 #
Motion for a resolution
Paragraph 12 a (new)
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;
Amendment 102 #
Motion for a resolution
Paragraph 12 b (new)
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 108 #
Motion for a resolution
Paragraph 12 c (new)
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 122 #
13. Encourages, furthermore, g the integration of criteria relater agreement on common EU-wide requid to talent development, social obligations, inclusion, diversity, gender equality or grements ing 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, soto existing tax incentives; recalls that tax incentives are only one tool among others to encourage production, and that they do not qualify as financial obligations, inclusion, diversity, gender equality or greening the sens of the Directive;
Amendment 125 #
Motion for a resolution
Paragraph 13 a (new)
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 130 #
Motion for a resolution
Paragraph 13 b (new)
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 132 #
Motion for a resolution
Paragraph 13 c (new)
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 139 #
Motion for a resolution
Paragraph 14
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, does not serve the intended objective; notes that quota levels are purely quantitative targets which can best be achieved equitably by means of a minute- by-minute count in relation to the total size, measured in minutes, of the currently available catalogue of a video- on-demand servicea diverse and balanced representation of audiovisual formats should be promoted on video-on- demand services, namely between television series and cinematographic works; considers in this respect 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, should be evaluated to secure this objective and provide European consumers with a varied offer;
Amendment 140 #
Motion for a resolution
Paragraph 14 a (new)
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 142 #
Motion for a resolution
Paragraph 14 a (new)
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 144 #
Motion for a resolution
Paragraph 14 b (new)
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 148 #
Motion for a resolution
Paragraph 15 a (new)
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 158 #
Motion for a resolution
Paragraph 17
Paragraph 17
17. Urges the Commission to issue in good timewithout undue delay 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 thatas is it referred in Recital 59 of the AVMSD, in order to ensure a more effective and unified implementation and control of the AVMSD among all the State Members, so that the implementation of the directive and the timely submission of thesecontrol reports is not further delayed;
Amendment 161 #
Motion for a resolution
Paragraph 17 a (new)
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;