61 Amendments of Elena YONCHEVA related to 2022/0277(COD)
Amendment 141 #
Proposal for a regulation
Recital 6
Recital 6
(6) Recipients of media services in the Union (natural persons who are nationals of Member States or benefit from rights conferred upon them by Union law and legal persons established in the Union) should be able to effectively enjoy the freedom to receivehave access to independent, free and pluralistic media services in the internal market. In fostering the cross- border flow of media services, a minimum level of protection of service recipients should be ensured in the internal market. That would be in compliance with the right to receive and impart information pursuant to Article 11 of the Charter of Fundamental Rights of the European Union (‘the Charter’). It is thus necessary to harmonise certain aspects of national rules related to media services. In the final report of the Conference on the Future of Europe, citizens called on the EU to further promote media independence and pluralism, in particular by introducing legislation addressing threats to media independence through EU-wide minimum standards46. _________________ 46 Conference on the Future of Europe – Report on the Final Outcome, May 2022, in particular proposal 27 (1) and 37 (4).
Amendment 156 #
Proposal for a regulation
Recital 10
Recital 10
(10) StatePublic advertising should be understood broadly as covering promotional or self-promotional activities undertaken by, for or on behalf of a wide range of public authorities or entities, including European Union institutions or bodies, governments, regulatory authorities or bodies as well as state-owned enterprises or other state-controlled entities in different sectors, at national or, regional level, or local governments of territorial entities of more than 1 million inhabitantslevel. However, the definition of statepublic advertising should not include emergency messages by public authorities which are necessary, for example, in cases of natural or sanitary disasters, accidents or other sudden incidents that can cause harm to individuals.
Amendment 162 #
Proposal for a regulation
Recital 14
Recital 14
(14) The protection of editorial independence is a precondition for exercising the activity of media service providers and their professional integrity. Editorial independence is especially important for media service providers providing news and current affairs content given its societal role as a public good. Media service providers should be able to exercise their economic activities freely in the internal market and compete on equal footing in an increasingly online environment where information flows across borders.
Amendment 184 #
Proposal for a regulation
Recital 18
Recital 18
(18) Public service media established by the Member States play a particular role in the internal media market, by ensuring that citizens and businesses have access to quality information and impartial media coverage, as part of their mission. However, public service media can be particularly exposed to the risk of interference, given their institutional proximity to the State and the public funding they receive. This risk may be exacerbated by uneven safeguards related to independent governance and balanced coverage by public service media across the Union. This situation may lead to biased or partial media coverage, distort competition in the internal media market and negatively affect access to independent and impartial media services. It is thus necessary, building on the international standards developed by the Council of Europe in this regard, to put in place legal safeguards for the independent functioning of public service media across the Union. It is also necessary to guarantee that, without prejudice to the application of the Union’s State aid rules, public service media providers benefit from sufficient and stable funding to fulfil their mission that enables predictability in their planning. Preferably, sSuch funding should be decided and appropriated on a multi-year basis and determined according to transparent and objective criteria, in line with the public service mission of public service media providers, to avoid potential for undue influence from yearly budget negotiations. The requirements laid down in this Regulation do not affect the competence of Member States to provide for the funding of public service media as enshrined in Protocol 29 on the system of public broadcasting in the Member States, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union.
Amendment 186 #
Proposal for a regulation
Recital 19
Recital 19
(19) It is crucial for the recipients of media services to know with certainty who owns and is behind the news media so that they can identify and understand potential conflicts of interest which is a prerequisite for forming well-informed opinions and consequently to actively participate in a democracy. Such transparency is alsoIt is thus important for media service providers to disclose its sources of funding by making publicly available information regarding advertisers, sponsors, large donors or the provision of political advertising services, which in addition to transparency of ownership measures is an effective tool to limit risks of interference with editorial independence. It is thus necessary to introduce common information requirements for all relevant media service providers across the Union that should include proportionate requirements to disclose ownership information, as well as information on advertisers, sponsors, large donors or the provision of political advertising services. In this context, the measures taken by Member States under Article 30(9) of Directive (EU) 2015/84949should not be affected. The required information for transparency of media ownershipshould be disclosed by the relevant providers on their websites or other medium that is easily and directly accessible. Establishing a National Repository of Media Ownership operated by national regulatory authorities or bodies, as well as a European Repository of Media Ownership operated by the European Board of Media Services should further strengthen and guarantee the accessibility and uniformity of the information available to recipients of media services. _________________ 49 Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Regulation (EU) No 648/2012 of the European Parliament and of the Council, and repealing Directive 2005/60/EC of the European Parliament and of the Council and Commission Directive 2006/70/EC (OJ L 141, 5.6.2015, p. 73-117).
Amendment 209 #
Proposal for a regulation
Recital 23
Recital 23
(23) The Board should bring together senior representatives of the national regulatory authorities or bodies referred to in Article 30 of Directive 2010/13/EU, appointed by such authorities or bodies. In cases where Member States have several relevant regulatory authorities or bodies, including at regional level, a joint representative should be chosen through appropriate procedures and the voting right should remain limited to one representative per Member State. This should not affect the possibility for the other national regulatory authorities or bodies to participate, as appropriate, in the meetings of the Board. The Board should also have the possibility to invite to attend its meetings, in agreement with the Commission, experts and observers, including in particular regulatory authorities or bodies from candidate countries, potential candidate countries, EEA countries, or ad hoc delegates from other competent national authorities. Due to the sensitivity of the media sector and following the practice of ERGA decisions in accordance with its rules of procedure, the Board should adopt its decisions on the basis of a two-thirds majority of the votes.
Amendment 213 #
Proposal for a regulation
Recital 24
Recital 24
(24) Without prejudice to the powers granted to the Commission by the Treaties, it is essential that the Commission and the Board work and cooperate closely. In particular, the Board should actively support the Commission in its tasks of ensuring the consistent application of this Regulation and of the national rules implementing Directive 2010/13/EU. For that purpose, the Board should in particular advise and assist the Commission on regulatory, technical or practical aspects pertinent to the application of Union law, promote cooperation and the effective exchange of information, experience and best practices and draw up opinions in agreement with the Commission or upon its request in the cases envisaged by this Regulation. In order to effectively fulfil its tasks, the Board should be able to rely on the expertise and human resources of a secretariat provided by the Commission. The Commission secretariat should provide administrative and organisational support to the Board, and help the Board in carrying out its tasks.
Amendment 272 #
Proposal for a regulation
Recital 39
Recital 39
(39) It is also key that the Board is empowered to issue an opinion, on the Commission’s request, where national measures are likely to affect the functioning of the internal market for media services. This is, for example, the case when a national administrative measure is addressed to a media service provider providing its services towards more than one Member State, or when the concerned media service provider has a significant influence on the formation of public opinion in that Member State.
Amendment 283 #
Proposal for a regulation
Recital 43
Recital 43
(43) The Board should be empowered to provide opinions on draft decisions or opinions by the designated or involved national regulatory authorities or bodies, where the notifiable concentrations may affect the functioning of the internal media market. This would be the case, for example, where such concentrations involve at least one undertaking established in another Member State or operating in more than one Member State or result in media service providers having a significant influence on formation of public opinion in a given media market. Moreover, where the concentration has not been assessed for its impact on media pluralism and editorial independence by the relevant national authorities or bodies, or where the national regulatory authorities or bodies have not consulted the Board regarding a given media market concentration, but that media market concentration is considered likely to affect the functioning of the internal market for media services, the Board should be able to provide an opinion, upon request of the Commission. In any event, the Commission retains the possibility to issue its own opinions following the opinions drawn up by the Board.
Amendment 299 #
Proposal for a regulation
Recital 48
Recital 48
(48) State advertisingPublic advertising, financed by public funds, including national governments funding or European Union funding distributed by Member States for the purpose of implementing communication plans as part of EU Operational Programmes or EU Cohesion Policy Programmes, is an important source of revenue for many media service providers, contributing to their economic sustainability. Access to it must be granted in a non-discriminatory way to any media service provider from any Member State which can adequately reach some or all of the relevant members of the public, in order to ensure equal opportunities in the internal market. Moreover, Statepublic advertising may make media service providers vulnerable to undue state influence to the detriment of the freedom to provide services and fundamental rights. Opaque and biased allocation of statepublic advertising is therefore a powerful tool to exert influence or ‘capture’ media service providers. The distribution and transparency of statepublic advertising are in some regards regulated through a fragmented framework of media-specific measures and general public procurement laws, which, however, may not cover all statepublic advertising expenditure nor offer sufficient protection against preferential or biased distribution. In particular, Directive 2014/24/EU of the European Parliament and of the Council56does not apply to public service contracts for the acquisition, development, production or co-production of programme material intended for audiovisual media services or radio media services. Media-specific rules on statepublicadvertising, where they exist, diverge significantly from one Member State to another. _________________ 56 Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65-242).
Amendment 303 #
Proposal for a regulation
Recital 49
Recital 49
(49) In order to ensure undistorted competition between media service providers and to avoid the risk of covert subsidies and of undue political influence on the media, it is necessary to establish common requirements of transparency, objectivity, proportionality and non- discrimination in the allocation of statepublic advertising and of state and European Union resources to media service providers for the purpose of purchasing goods or services from them other than state advertising, including the requirement to publish information on the beneficiaries of statepublic advertising expenditure and the amounts spent. It is important that Member States make the necessary information related to statepublic advertising publicly accessible in an electronic format that is easy to view, access and download, in compliance with Union and national rules on commercial confidentiality. Establishing a European Repository of Public Funding for Advertising operated by the European Board of Media Services should further strengthen and guarantee the accessibility and uniformity of the information on public advertising for recipients of media services. This Regulation shall not affect the application of the State aid rules, which are applied on a case-by-case basis.
Amendment 317 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
(2) ‘media service provider’ means a natural or legal person whose professional activity is to provide a media service and who has editorial responsibility for the choice of the content of the media service and determines, the approach and perspective of presenting and delivering the content and the manner in which it is organised;
Amendment 339 #
Proposal for a regulation
Article 2 – paragraph 1 – point 15
Article 2 – paragraph 1 – point 15
(15) ‘StatePublic advertising’ means the placement, publication or dissemination, in any media service, of a promotional or self-promotional message, normally in return for payment or for any other consideration, by, for or on behalf of European Union institutions or bodies or any national or regional public authority, such as national, federal or regional governments, regulatory authorities or bodies as well as state-owned enterprises or other state-controlled entities at the national or, regional level, or any local government of a territorial entity of more than 1 million inhabitantsor local level;
Amendment 346 #
Proposal for a regulation
Article 2 – paragraph 1 – point 16
Article 2 – paragraph 1 – point 16
(16) ‘spyware’ means any product with digital elements specially designed to exploit vulnerabilities in other products with digital elements that enablesurveillance technology’ means any digital, mechanical or other instrument that enables the acquisition of information and the covert surveillance of natural or legal persons by intercepting, monitoring, extracting, collecting or analysing data from such products or from theof any information and communication technology or of natural or legal persons using such productsit, in particular by secretly recording calls or otherwise using the microphone of an end-user device, filming natural persons, machines or their surroundings, copying messages, photographing, tracking browsing activity, tracking geolocation, collecting other sensor data or tracking activities across multiple end-user deviceterminal equipments, without the natural or legal person concerned being made aware in a specific manner and having given their express specific consentconsent as defined under Article 7 of Regulation (EU) 2016/679 in that regard;
Amendment 349 #
Proposal for a regulation
Article 2 – paragraph 1 – point 17
Article 2 – paragraph 1 – point 17
Amendment 358 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
Recipients of media services in the Union shall have the right to receivehave access to a plurality of news and current affairs content, produced with respect for editorial freedom of media service providers, independent of interference from national authorities and bodies, as well as advertisers, donors, political parties and state and non-state actors from third countries, to the benefit of the public discourse.
Amendment 367 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Media service providers shall have the right to exercise their economic activities in the internal market without restrictions other than those allowed under Union law.
Amendment 371 #
Proposal for a regulation
Article 4 – paragraph 2 – introductory part
Article 4 – paragraph 2 – introductory part
2. Member States and private entities shall respect effective editorial freedom of media service providers. Member States, including their national regulatory authorities and bodies, as well as private entities, shall not:
Amendment 388 #
Proposal for a regulation
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
(b) order to disclose, detain, sanction, intercept, subject to surveillance monitor, search and seizure, or inspect media service providers or, if applicable their employees, their family members, family members of their employees or any otheir family membersperson professionally or privately associated with them, or their corporate and private premises, on the ground that they refuse to disclose information on their sources, unless this is justified by an overriding requirement in the public interest, in accordance with Article 52(1) of the Charter and in compliance with o or with the aim of coercing the disclosure of information about their Union lawsources;
Amendment 395 #
Proposal for a regulation
Article 4 – paragraph 2 – point c
Article 4 – paragraph 2 – point c
(c) deploy spyware in any device or machine used by mediameasures for surveillance and the use of seurvice providerseillance technologies, or, if applicable, their family members, or their employees or their family members, unless the deployment is justified, onnstruct private entities to use surveillance technologies, as well as case-by-case basis, on grounds of national security and is in compliance with Article 52(1) of the Charter and other Union law or the deployment occurs in serious crimes investigations of one of the aforementioned persons, it is provided for under national law and is in compliance with Article 52(1) of the Charteoerce, create, or force access to encrypted or non-encrypted communications and information in any item, device or machine used by media service providers or their employees, their family members, the family members of their employees, or and y other Union law, and measures adopted pursuant to sub-paragraph (b) would be inadequate and insufficient to obtain the information soughtperson professionally or privately associated with them.
Amendment 407 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Without prejudice and in addition to the right to effective judicial protection guaranteed to each natural and legal person, Member States shall designate an independent authority or body to handle complaints lodged by media service providers or, if applicable their employees, their family members, their family members, of their employees, or any otheir family members,person professionally or privately associated with them regarding breaches of paragraph 2, points (b) and (c). Media service providers shall have the right to request that authority or body to issue, within three months of the request, an opinion regarding compliance with paragraph 2, points (b) and (c).
Amendment 424 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Public service media providers shall be editorially independent and provide in an impartial manner a plurality of information and opinions to their audien recipients of media services, in accordance with their public service mission.
Amendment 429 #
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 2
Article 5 – paragraph 2 – subparagraph 2
The duration of their term of office shall be established by national law, andof the head of management and the members of the governing board shall be of at least four years in order to be adequate and sufficient toand ensure effective independence of the public media service provider. They may be dismissed before the end of their term of office only exceptionally where they no longer fulfil the legally predefined conditions required for the performance of their duties laid down in advance by national law or for specific reasons of illegal conduct or serious misconduct as defined in advance by national law. At the end of the term or in case of a dismissal of the head of management of public service media providers, a new procedure for appointment of a head of management and the members of the governing board shall be opened.
Amendment 432 #
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 2 a (new)
Article 5 – paragraph 2 – subparagraph 2 a (new)
Without prejudice to the right of Member States to define the competences and duties of the head of management and members of the governing board of public service media providers as laid down by national law, the head of management and members of the governing board shall not take, interfere or overrule editorial decisions of editors, who shall exercise editorial responsibility in public service media providers within the meaning of Article 2 (9) of this Regulation.
Amendment 434 #
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Member States shall ensure that public service media providers havbenefit from funding allocated on a multi-year basis and determined according to transparent and objective criteria laid down in advance by national law in order to guarantee adequate and stable financial resources for the fulfilment of their public service mission. Those resources shall be such that editorial independence is safeguarded.
Amendment 449 #
Proposal for a regulation
Article 6 – title
Article 6 – title
Duties of media service providers providing news and current affairs content
Amendment 452 #
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. Media service providers providing news and current affairs content shall make easily and directly accessible to the recipients of their services the following information in electronic and user- friendly format:
Amendment 458 #
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) the name(s) of their direct or indirect owner(s) with shareholdings enabling them to exercise influence on the operation and strategic decision making and whether their direct of indirect ownership is held by a government, state- owned enterprise or any other public body;
Amendment 465 #
Proposal for a regulation
Article 6 – paragraph 1 – point c a (new)
Article 6 – paragraph 1 – point c a (new)
(ca) (c a) the legal name and contact details of any advertisers, sponsors or donors of any amount larger than EUR 1000 of private or commercial nature providing remuneration or financial resources to the media service provider;
Amendment 471 #
Proposal for a regulation
Article 6 – paragraph 1 – point c b (new)
Article 6 – paragraph 1 – point c b (new)
Amendment 475 #
Proposal for a regulation
Article 2 – paragraph 1 – point 16
Article 2 – paragraph 1 – point 16
(16) ‘spyware’ means any product with digital elements specially designed to exploit vulnerabilities in other products with digital elements that enablesurveillance technology’ means any digital, mechanical or other instrument that enables the acquisition of information and the covert surveillance of natural or legal persons by intercepting, monitoring, extracting, collecting or analysing data from such products or from theof any information and communication technology or of natural or legal persons using such productsit, in particular by secretly recording calls or otherwise using the microphone of an end-user device, filming natural persons, machines or their surroundings, copying messages, photographing, tracking browsing activity, tracking geolocation, collecting other sensor data or tracking activities across multiple end-user deviceterminal equipments, without the natural or legal person concerned being made aware in a specific manner and having given their express specific consentconsent as defined under Article 7 of Regulation (EU) 2016/679 in that regard;
Amendment 479 #
Proposal for a regulation
Article 2 – paragraph 1 – point 17
Article 2 – paragraph 1 – point 17
Amendment 484 #
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1a. Media service providers shall submit upon request the information referred to in paragraph 1 to national regulatory authorities or bodies and the European Board for Media Services and inform them within 30 days of any change to their ownership.
Amendment 498 #
Proposal for a regulation
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
2. Without prejudice to national constitutional laws consistent with the Charter, owners of media service providers providing news and current affairs content shall take measures that they deem appropriate with a view to guaranteeing the independence of individual editorial decisions. In particular, such measures shall aim to:
Amendment 517 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 530 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Member States shall ensure that the national regulatory authorities or bodies have adequate financial, human and technical resources to carry out their tasks under this Regulation independently of any government, public or private body in accordance with Article 30 of Directive 2018/1808/EU.
Amendment 543 #
Proposal for a regulation
Article 7 – paragraph 4 a (new)
Article 7 – paragraph 4 a (new)
4a. National regulatory authorities or bodies shall compile and establish a National Repository of Media Ownership, which is easily and directly accessible to recipients of media services, pursuant to the information provided by media service providers in accordance with Article 6(1) of this Regulation. The data from the national repositories of media ownership should be summarized in a report and submitted to the European Board for Media Services on an annual basis.
Amendment 565 #
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
5. The Commission shall designate a representative to the Board. The representative of the Commission shall participate in all activities and meetings of the Board, without voting rights. The Chair of the Board shall keep the Commission informed about the ongoing and planned activities of the Board. The Board shall consult the Commission in preparation of its work programme and main deliverables.
Amendment 572 #
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. The Board, in agreement with the Commission, may invite experts and observers to attend its meetings.
Amendment 590 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Board shall have a secretariat, which shall be provided by the Commission and is provided with adequate financial and human resources.
Amendment 609 #
Proposal for a regulation
Article 12 – paragraph 1 – point c
Article 12 – paragraph 1 – point c
(c) advise the Commission, where requested by it or on its own initiative, on regulatory, technical or practical aspects pertinent to the consistent application of this Regulation and implementation of Directive 2010/13/EU as well as all on other matters related to media services within its competence. Where the Commission requests advice or opinions from the Board, it may indicate a time limit, taking into account the urgency of the matter;
Amendment 612 #
Proposal for a regulation
Article 12 – paragraph 1 – point d
Article 12 – paragraph 1 – point d
(d) when requested by the Commission or on its own initiative, provide opinions on the technical and factual issues that arise with regard to Article 2(5c), Article 3(2) and (3), Article 4(4), point (c) and Article 28a(7) of Directive 2010/13/EU;
Amendment 619 #
Proposal for a regulation
Article 12 – paragraph 1 – point e – introductory part
Article 12 – paragraph 1 – point e – introductory part
(e) in agreement with the Commission, draw up opinions with respect to:
Amendment 629 #
Proposal for a regulation
Article 12 – paragraph 1 – point f – introductory part
Article 12 – paragraph 1 – point f – introductory part
(f) on its own initiative or upon request of the Commission, draw up opinions with respect to:
Amendment 657 #
Proposal for a regulation
Article 12 – paragraph 1 – point m a (new)
Article 12 – paragraph 1 – point m a (new)
(ma) establish and operate a European Repository of Media Ownership, compiled on the basis of the annual reports submitted by national regulatory authorities or bodies. Where there is lack of certainty in the information provided, raised by national regulatory authorities or bodies, or experts, representatives of civil society or journalistic organisations, the Board may request further information from media service providers, including on any possible influence on its operation, general editorial line and strategic decision-making from advertisers, sponsors, donors of private or commercial nature or political parties providing remuneration or financial resources to the media service provider.
Amendment 665 #
Proposal for a regulation
Article 12 – paragraph 1 – point m b (new)
Article 12 – paragraph 1 – point m b (new)
(mb) establish and operate a European Repository of Public Funding for Advertising compiled on the basis of the bi-annual reports submitted by national regulatory authorities or bodies.
Amendment 690 #
Proposal for a regulation
Article 13 – paragraph 7
Article 13 – paragraph 7
7. Where the requesting authority does not consider the measures taken by the requested authority to be sufficient to address and reply to its request, it shall inform the requested authority without undue delay, explaining the reasons for its position. If the requested authority does not agree with that position, or if the requested authority’s reaction is missing, either authority may refer the matter to the Board. Within 14 calendar days from the receipt of that referral, the Board shall issue, in agreement with the Commission, an opinion on the matter, including recommended actions. The requested authority shall do its outmost to take into account the opinion of the Board.
Amendment 700 #
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
4. If no amicable solution has been found following mediation by the Board, the requesting national authority or body or the requested national authority or body may request the Board to issue an opinion on the matter. In its opinion the Board shall assess whether the requested authority or body has complied with a request referred to in paragraph 1. If the Board considers that the requested authority has not complied with such a request, the Board shall recommend actions to comply with the request. The Board shall issue its opinion, in agreement with the Commission, without undue delay.
Amendment 713 #
Proposal for a regulation
Article 16 – title
Article 16 – title
Coordination of measures concerning media service providers establishedoriginating, established, funded or owned by state and non-state actors outside the Union
Amendment 723 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. The Board shall coordinate measures by national regulatory authorities or bodies related to the dissemination of or access to media services provided by media service providers establishedoriginating, established, funded or owned by state and non-state actors outside the Union that target audiences in the Union where, inter alia in view of the control that may be exercised by third countries over them, such media services prejudice or present a serious and grave risk of prejudice to public security and defence.
Amendment 758 #
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Where a provider of very large online platform decides to restrict or suspend the provision of its online intermediation services in relation to content provided by a media service provider that submitted a declaration pursuant to paragraph 1 of this Article, on the grounds that such content is incompatible with its terms and conditions, without that content contributing to a systemic risk referred to in Article 26 of the Regulation (EU) 2022/XXX [Digital Services Act], it shall take all possible measures, to the extent consistent with their obligations under Union law, including Regulation (EU) 2022/XXX [Digital Services Act], to communicate to the media service provider concerned the statement of reasons accompanying that decision, as required by Article 4(1) of Regulation (EU) 2019/1150, prior to the suspension taking effect.
Amendment 817 #
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
4. The Board, on its own initiative or upon request of the Commission, shall draw up an opinion where a national legislative, regulatory or administrative measure is likely to affect the functioning of the internal market for media services. Following the opinion of the Board, and without prejudice to its powers under the Treaties, the Commission may issue its own opinion on the matter. Opinions by the Board and, where applicable, by the Commission shall be made publicly available.
Amendment 850 #
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. In the absence of an assessment or a consultation pursuant to Article 21, the Board, on its own initiative or upon request of the Commission, shall draw up an opinion on the impact of a media market concentration on media pluralism and editorial independence, where a media market concentration is likely to affect the functioning of the internal market for media services. The Board shall base its opinion on the elements set out in Article 21(2). The Board may bring media market concentrations likely to affect the functioning of the internal market for media services to the attention of the Commission.
Amendment 886 #
Proposal for a regulation
Article 24 – title
Article 24 – title
24 Allocation of statepublic funds, including European Union funds, for advertising
Amendment 888 #
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. Public funds, including national governments funds or European Structural and Investment Funds allocated for the purpose of advertising EU Operational Programmes and EU Cohesion Policy Programmes, or any other consideration or advantage granted by public authorities to media service providers for the purposes of advertising shall be awarded according to transparent, objective, proportionate and non- discriminatory criteria and through open, proportionate and non-discriminatory procedures. This Article shall not affect public procurement rules.
Amendment 898 #
Proposal for a regulation
Article 24 – paragraph 2 – introductory part
Article 24 – paragraph 2 – introductory part
2. Public authorities, including national, federal or regional governments, regulatory authorities or bodies, as well as state-owned enterprises or other state- controlled entities at the national or, regional level, or local governments of territorial entities of more than 1 million inhabitants,level shall make publicly available accurate, comprehensive, intelligible, and detailed and yearly information about their advertising expenditureinformation and report to national regulatory authorities or bodies on a bi- annual basis about their advertising expenditure of public funds, including European Structural and Investment Funds allocated for the purpose of advertising EU Operational Programmes and EU Cohesion Policy Programmes, allocated to media service providers, which shall include at least the following details:
Amendment 911 #
Proposal for a regulation
Article 24 – paragraph 2 a (new)
Article 24 – paragraph 2 a (new)
2a. National regulatory authorities or bodies shall submit data provided by public authorities pursuant to paragraph 2 on a bi-annual basis to the European Board for Media Services for the purpose of establishing European Repository of Public Funding for Advertising.
Amendment 915 #
Proposal for a regulation
Article 24 – paragraph 3
Article 24 – paragraph 3
3. National regulatory authorities or bodies shall monitor the allocation of statepublic advertising funded by national governments in media markets. In order to assess the accuracy of the information on statepublic advertising funded by national governments made available pursuant to paragraph 2, national regulatory authorities or bodies may request from the entities referred to in paragraph 2 further information, including information on the application of criteria referred to in paragraph 1.
Amendment 917 #
Proposal for a regulation
Article 24 – paragraph 3 a (new)
Article 24 – paragraph 3 a (new)
3a. The European Board for Media Services shall monitor the allocation of European Structural and Investment Funds for the purpose of advertising EU Operational Programmes and EU Cohesion Policy Programmes in media markets. In order to assess the accuracy of the information made available pursuant to paragraph 2, The European Board for Media Services may request from the entities referred to in paragraph 2 further information, including information on the application of criteria referred to in paragraph 1. Should there be any evidence for misuse of European funds, the European Board of Media Service shall provide the available information to the relevant investigative bodies related to EU expenditure.
Amendment 925 #
Proposal for a regulation
Article 24 – paragraph 4
Article 24 – paragraph 4
4. The allocation of state resources to media service providers for the purpose of purchasing goods or services from them other than statepublic advertising shall be subject to the requirements set out in paragraph 1. This Article shall not affect the application of the State aid rules.
Amendment 934 #
Proposal for a regulation
Article 25 – paragraph 3 – point c a (new)
Article 25 – paragraph 3 – point c a (new)