Activities of Ibán GARCÍA DEL BLANCO related to 2023/2019(INI)
Shadow opinions (1)
OPINION on implementation of the 2018 Geo-blocking Regulation in the digital single market
Amendments (39)
Amendment 5 #
Draft opinion
Recital A
Recital A
A. whereas Regulation (EU) 2018/302 on addressing unjustified geo-blocking and other forms of discrimination based on customers’ nationality, place of residence or place of establishment within the internal market and amending Regulations (EC) No 2006/2004 and (EU) 2017/2394 and Directive 2009/22/EC of 28 February 2018 does not address geo-blocking of digital media content; whereas the Regulation mandates a review to assess if its scope should be extended to these sectors; excludes from its scope audiovisual services, including services the principle purpose of which is the provision of access to broadcasts of sports events as well as cinematographic services, whatever their mode of production, distribution, and transmission, and radio broadcasting1a, and which are provided on the basis of exclusive territorial licenses; whereas the Regulation mandates a review to assess if its scope should be extended to these sectors; _________________ 1a Regulation (EU) 2018/302 does not apply to the activities referred to in Article 2(2) of Directive 2006/123/EC.
Amendment 7 #
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. whereas the audiovisual sector is comprised by an extensive number of highly innovative and creative independent production and distribution industries of diverse size, including micro- , small and medium-sized enterprises (MSMEs), that produce, distribute and showcase a wide variety of content across the Member States; whereas in 2019 the EU audiovisual sector employed an estimate of around 490 000 people1a; _________________ 1a According to the May 2023 European Media Industry Outlook, employment in production represented 42% of audiovisual employment, broadcasters accounted for 34% (including on news services as well as infrastructure/technical work), cinemas 13%, post-production 7% and distribution 3%; the period 2011-2019 experienced an increase in production in the EU since the rise of streaming platforms; TV employment increased by over 25% over the same period;
Amendment 9 #
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that the sector has a broad range of stakeholders composed of many SMEs, including a large number of highly innovative and creative independent production and distribution companies that produce, distribute, and showcase a wide variety of content across the EU;
Amendment 17 #
Draft opinion
Recital B
Recital B
B. whereas the Commission’s review shows that European consumers only have access to a small proportion of the total2022 European Audiovisual Observatory report on Circulation of European films on video- on-demand (VOD) and in cinemas shows that on average, European audiences have access to over 8 500 European films on VOD in their countent made available online in the Unionries; whereas 82% of such films originate from other European countries; whereas despite the number of consumers trying to access digital mediacopyright- protected content offered in other Member States is growing rapidly and a third of citizen, only a minority of consumers have expressed interest in doing so;
Amendment 21 #
Draft opinion
Recital C
Recital C
C. whereas citizens who have purchased digital media content and move to anthe Portability Regulation (EU) 2017/1128 allows consumers who have subscribed to digital media content services in their own EU Member State access to their paid subscriptions when temporarily staying in other EU Member State often find they can no longer access that content due to geo-blocking; whereas a permanent change of residence of the subscriber would entail the re-negotiation of the provision of audiovisual services with the service provider that operates in the new country of residence;
Amendment 25 #
Draft opinion
Paragraph 5
Paragraph 5
5. Reiterates the fact that the current system of exclusive territorial licensing currently ensures the sustainable financing of films and audiovisual content, and is crucialcontributes to ensuring both content diversityand cultural diversity, pluralism, and a wide range of distribution business models, which ultimately benefit EU consumers;
Amendment 26 #
Draft opinion
Recital D
Recital D
D. whereas the Online Television and Radio Programmes Directive1a facilitates the cross-border accessibility of certain television programmes on broadcasters’ online services, and, in corroboration with contractual practices, promote that citizens living in border regions or belonging to linguistic minorities are often prevented fromcan accessing content in their native languages due to geo-blocking, which hinders their access to and enjoyment of cultural content; and enjoy cultural content1b; _________________ 1a Directive (EU) 2019/789 laying down rules on the exercise of copyright and related rights applicable to certain online transmissions of broadcasting organisations and retransmissions of television and radio programmes, and amending Council Directive 93/83/EEC 1b Studies show that public service media operate 224 TV, radio services and internet streams that specifically target linguistic minorities, ethnic minorities, non-native citizens, religious groups and migrants.
Amendment 32 #
Draft opinion
Paragraph 6
Paragraph 6
6. Considers that the inclusion of audiovisual services in the scope of the Geo-blocking Regulation would result in a significant loss of revenue, putting investment in new content at risk, while eroding contractual freedom and reducingch would also impact cultural diversity in both content production and, distribution, and promotion;
Amendment 34 #
Draft opinion
Recital E
Recital E
E. whereas Parliament called for theseminorities-related issues to be addressed in its resolution of 13 November 2018 on minimum standards for minorities in the EU; whereas the ‘Minority SafePack’ European Citizens’ Initiative called for these issues to be addressed through the development of a unitary European copyright that will lead to the abolition of licensing barriers within the Union; whereas the Commission communication C(2021) 171 final1a admits the existence of substantial harmonisation of copyright law, notably with TFEU Article 53(1) and Articles 62 and 114 as a legal base, and that the extension on the overall dynamics of the audiovisual sector needs further assessment; _________________ 1a C(2021) 171 final, Communication on the European Citizens' Initiative 'Minority SafePack – one million signatures for diversity in Europe'.
Amendment 37 #
Draft opinion
Paragraph 7
Paragraph 7
7. Highlights that such an inclusion could trigger a chain of negative effects for the creation, financing, production and, distribution, and promotion of films and audiovisual content in the mid to long term, thus potentially damaging cultural diversity and a whole value chain that relies entirely on the principle of territoriality.;
Amendment 39 #
Draft opinion
Recital F
Recital F
F. whereas the Commission organised a stakeholder dialogue to find solutions for these issues, but no significant agreements were reached and the proposals put forward would not adequately address the geo-blocking of digital media content; with the audiovisual sector to discuss concrete ways to foster the circulation of, and improve consumers’ access to audiovisual content across the EU; whereas this dialgue showed how diverse the sector is, and outlined the wide array of solutions thereby developed to address both availability of interesting content and competititon with non-European content providers; whereas the audiovisual sector is continuously working to find solutions for these issues adequately, safeguarding investment in content and respecting and upholdig the sector’s value chain and needs;
Amendment 41 #
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Considers that such inclusion may, in particular, lead to a price harmonisation prejudicial to the consumers, as the consequent increase of pricing in countries where territorial exclusivity enables to offer content to a price point aligned with the consumers purchasing powers;
Amendment 44 #
Draft opinion
Recital F a (new)
Recital F a (new)
Amendment 46 #
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Considers, however, that more can be done to increase the circulation of works and programmes across borders; calls on the more systematic circulation of existing and new cinema and audiovisual content across borders;
Amendment 49 #
Draft opinion
Paragraph 7 c (new)
Paragraph 7 c (new)
7c. Notes that providing support to subtitling and dubbing content increases not only the demand and availability on different countries, but also its accessibility; draws attention to the increase in delivering of European content to audiences across Europe, and calls on further investment from the Member States and the sector;
Amendment 49 #
Draft opinion
Recital G
Recital G
G. whereas persistent barriers to accessing to digital media content, such as price, fragmentation, geo-blocking and the unavailability of dubbing or subtitles force citizcopyright ensures that rightholders can create and disseminate content in the first place; whereas efforts should continue towards informing European consumers about what is legal and what is not in the accessibility to digital media contenst to resort to piracy in order to accesseffectively fight piracy of audiovisual content, including live content;
Amendment 52 #
Draft opinion
Paragraph 7 d (new)
Paragraph 7 d (new)
7d. Reminds of the importance of article 7 of the Directive 2010/13/EU of the European Parliament and the Council (Audiovisual Media Services Directive), and stresses that accessibility of content should be understood on its complete scope; calls for the reinforcement of its application including for hearing impaired and visually impaired people, ensuring the access to the audiovisual content is inclusive and available to all European citizens;
Amendment 54 #
Draft opinion
Paragraph 7 e (new)
Paragraph 7 e (new)
7e. Fosters European culture and diversity of content, which ultimately benefit the European consumers;
Amendment 54 #
Draft opinion
Recital H
Recital H
H. whereas the growth of on-demand content and the shrinking still sits in Eurolpe ofn a strong television and radio should prompt a rethoffer; whereas the distribution and showcasinkg of the Union’s approach to content licensingaudiovisual content are largely carried out by local or national operators who seek content licensing on a territory-by- territory basis, which hence play an important role in the audiovisual sector ;
Amendment 55 #
Draft opinion
Paragraph 7 f (new)
Paragraph 7 f (new)
7f. Highlights the relevance of the Regulation EU 2017/1128 on cross-border portability of online content services in the internal market as an example of portability, while not disturbing the value chain of the audiovisual producers, and calls for further assessment on its effectiveness in light of the fast evolving consumption habits and market trends in the sector;
Amendment 56 #
Draft opinion
Paragraph 7 g (new)
Paragraph 7 g (new)
7g. Recalls the unique experiences provided by the cinema sector, namely the value of theatrical releases, and calls on the Member States to support the continuation of their use, while accompanying the changing habits and consumptions patterns of the citizens;
Amendment 56 #
Draft opinion
Recital H a (new)
Recital H a (new)
Ha. whereas the European Commission May 2023 European Media Industry Outlook acknowledges that the broadcasters remain the top clients of producers in the audiovisual sector on all categories, amounting for 80% of the total investment in audiovisual content in Europe; whereas broadcasters play a crucial role in content diversity;
Amendment 57 #
Draft opinion
Paragraph 7 h (new)
Paragraph 7 h (new)
7h. Reiterates the need on investment to anticipate further market changes, to foster the emergence of new formats, and to strengthen the presence of diverse offers from EU companies online;
Amendment 58 #
Draft opinion
Paragraph 7 i (new)
Paragraph 7 i (new)
7i. Asks for more catalogues to be made available on video-on-demand services across borders after return on investment on the domestic market;
Amendment 58 #
Draft opinion
Recital H b (new)
Recital H b (new)
Hb. whereas geo-blocking in the book sector does not constitute a concern for the vast majority of consumers;
Amendment 59 #
Draft opinion
Paragraph -1 (new)
Paragraph -1 (new)
-1. Welcomes the Commission’s first short-term review of the 2018 Geo- blocking Regulation which upholds the continued exclusion of audiovisual services from the scope of the Regulation; welcomes the Council Conclusions ((2021/C 501 I/02 & 7809/22) underling the importance of territorial exclusivity and exclusive licensing for the sustainability of the audivisual sector, which contributes to ensuring both content and cultural diversity, pluralism, and a wide range of distribution business models that ultimately benefit EU consumers;
Amendment 60 #
Draft opinion
Paragraph -1 a (new)
Paragraph -1 a (new)
-1a. Stresses the crucial importance of all copyright-protected online content services for the EU, at both economic and cultural level, and considers these services contribute to safeguarding the EU’s cultural and linguistic diversity and media pluralism;
Amendment 61 #
Draft opinion
Paragraph -1 b (new)
Paragraph -1 b (new)
-1b. Highlights the relevance of the Regulation EU 2017/1128 on cross-border portability of online content services in the internal market, which observes the value chain of the audiovisual producers, as well as the Online Television and Radio Programmes Directive1a, which facilitates the cross-border accessibility of certain television programmes on broadcasters’ online services; calls for further assessment on their effectiveness in light of the fast evolving consumption habits and market trends in the sector; _________________ 1a Directive (EU) 2019/789 laying down rules on the exercise of copyright and related rights applicable to certain online transmissions of broadcasting organisations and retransmissions of television and radio programmes, and amending Council Directive 93/83/EEC.
Amendment 62 #
Draft opinion
Paragraph -1 b (new)
Paragraph -1 b (new)
-1b. Recognises the pragmatic and constant adaptation by film and audiovisual sectors in Europe to the cultural and economic realities of the Union, with diverse national and regional cultures, habits, market conditions and audience demand; acknowledges that these audiences require tailored approaches to content development, production and distribution, as exemplified by the increasing number of European language content available in different streaming platform services;
Amendment 68 #
Draft opinion
Paragraph 1
Paragraph 1
1. Calls on the Commission to rapidly createonsiders, however, that more can be done to increase the circulation of works and programmes across borders; calls on the Commission to launch an impact assessment to evaluate the need for the legal and regulatory conditions to guarantee the freedom to provide digital media content services and to ensure the dissemination and reception of digital media content from regions where minorities live, so that they can watch and listen to content in their mother tongue without geo-blocking oif thise content if it is broadcast or provided from anoed in the country of residence of ther countrncerned minority;
Amendment 73 #
Draft opinion
Paragraph 2
Paragraph 2
Amendment 83 #
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on the Commission to guarantee citizens’ long-term access to the digital media content they have purchased, regardless of where that content was purchaseda thorough implementation of the Regulation (EU) 2017/1128 on cross- border portability of online content services in the internal maket;
Amendment 88 #
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on the Commission to propose legislation obliging commercial providers of digital media content operating in multiple Member States to allow Union citizens to purchase access to the catalogue of the Member State of their choicethat ensures that the content in which digital media service providers invest is fully protected; calls on the Commission to ensure that the implementation of the Recommendation on combatting online piracy of sports events and other live content is thoroughly and adequately assessed; urges the Commission to pursue legislation addressing online piracy of live content should the effects of the Recommendation be inadequate to protect the affected sectors;
Amendment 93 #
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Notes that current audiovisual content availability proves the business model of territorial exclusivity is ensuring an abundance of films and that the continued exclusion of audiovisual services from the scope of the regulation remains fit for purpose;
Amendment 97 #
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Recalls that the Geo-blocking Regulation allows consumers access to online content services in other Members States if the service provider holds the rights for their territories;
Amendment 101 #
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on the Commission to prohibit geo-blocking by digital media content platforms and ban restrictions by rights-holders on passive sales of individual content or subscriptionsengage with the cultural and creative sectors to explore ways of making geo-blocking by digital media content platforms more efficient by indentify the technical, legal and economic rationale for territorial licensing;
Amendment 102 #
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Considers that the inclusion of audiovisual services in the scope of the Geo-blocking Regulation would result in a significant loss of revenue for the sector, putting investment in new content at risk, while eroding contractual freedom, reducing cultural diversity in content production, distribution and exhibition, and eventually affecting the continuation of an extensive number of micro-, small and medium-sized enterprises (MSMEs); whereas such inclusion would have a severe impact on 490 000 jobs;
Amendment 107 #
Draft opinion
Paragraph 6
Paragraph 6
6. Considers that the current model for media licensing is incompatible with the trend away from television and radio and towards on-demand content; callstelevision and radio services enable a wide professionally-produced offer of on- demand content in Europe1a; calls on the Commission to support co-production schemes in the European Union; asks for more catalogues to be made available on video on-demand across borders, after return on investment on the Cdommission to review the Union’s approach to media licensing. estic market. _________________ 1a Studies show that 43% of EU households use Digital Terrestrial Television, which is only one of the various access points to linear television. In total, Europeans spend 2 hours 19 minutes watching linear TV per day, which is stable (-1% since 2017), whilst they spend 1 hour and 59 minutes per day on social media.
Amendment 110 #
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Recalls that further extension of the scope of the 2018 Geo-blocking Regulation to other online content services, such as access to music, e-books or videogames, would only have the effect of pushing out of the market many SMEs, strengthening the position of a few internet giants while bringing no substantial benefit to consumers;