29 Amendments of Pervenche BERÈS related to 2016/0288(COD)
Amendment 153 #
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) Member States must, in the interests of media pluralism, cultural diversity and active and informed citizenship, be able to guarantee universal public access to a wide range of high- quality information and content supplied by media service providers, irrespective of developments in media distribution systems and related commercial models.
Amendment 289 #
(265) End-users should be able to enjoy a guarantee of interoperability in respect of all equipment sold in the Union for the reception of digital television. Member States should be able to require minimum harmonised standards in respect of such equipment. Such standards could be adapted from time to time in the light of technological and market developments.Does not affect the English version.)
Amendment 290 #
Proposal for a directive
Recital 266 a (new)
Recital 266 a (new)
(266a) In order to enable listeners to use radio services anywhere in Europe, irrespective of the broadcasting standards used in the individual Member States, radios, including car radios, should be able to receive analog and digital and/or IP services. This will ensure that interoperability, which is currently based on FM radio, continues in the digital age. It will also enhance public safety by enabling listeners to receive emergency information irrespective of the technology used, whether at home or in the car, as well as traffic information when travelling in the Union.
Amendment 291 #
Proposal for a directive
Recital 269
Recital 269
(269) Member States should be able to lay down proportionate and transparent obligations on undertakings under their jurisdiction, in the interest of legitimate public policy considerations, but such obligations should only be imposed where they are necessary to meet general interest objectives clearly defined by Member States in conformity with Union law and should be proportionate and transparent. ‘Must carry’ obligations may be applied to specified radio and television broadcast channels, audiovisual media services and complementary services supplied by a specified media service provider. Obligations imposed by Member States should be reasonable, that is they should be proportionate and transparent in the light of clearly defined general interest objectives, such as media pluralism and cultural diversity. Such requirements should include high-quality reception of the specified services. Member States should provide an objective justification for the ‘must carry’ obligations that they impose in their national law so as to ensure that such obligations are transparent, proportionate and clearly defined. The obligations should be designed in a way which provides sufficient incentives for efficient investment in infrastructure. Obligations should be subject to periodic review at least every five years in order to keep them up-to-date with technological and market evolution and in order to ensure that they continue to be proportionate to the objectives to be achieved. Obligations could, where appropriate, entail a provision for proportionate remuneration. 'Must carry' obligations must be laid down independently and must in no way undermine the right of holders of copyright and related rights to fair remuneration for the use of their protected works on the network concerned.
Amendment 292 #
Proposal for a directive
Recital 270
Recital 270
(270) Networks used for the distribution of radio or television broadcast'Must carry' obligations should be applied in a technologically neutral fashion while taking account of ongoing changes to media distribution systems and consumer trends. Electronic communications networks and services used for the distribution of radio broadcasts or audiovisual media services to the public include cable, IPTV, satellite and terrestrial broadcasting networks. They might also include other networks and services to the extent that a significant number of end- users use such networks as their principal means to receive radio and television broadcastthem to receive radio broadcasts and audiovisual media services. In this context, the criteria used to determine what constitutes 'a significant number of end-users' should take account of, among others things, technological developments and the consumption patterns of specific end-user groups. Must carry obligations can include the transmission of services specifically designed to enable appropriate access by disabled users. Accordingly complementary services include, amongst others, services designed to improve accessibility for end-users with disabilities, such as videotext, subtitling, audio description and sign language. Because of the growing provision and reception of connected TV services and the continued importance of electronic programme guides and other navigation facilities for user choice the transmission of programme-related data supporting those functionalities can be included in must carry obligations. 'Must carry' obligations should ensure that end-users can access connected TV services, which can include audiovisual media services, radio and audio services and interactive services offering applications, games, voting facilities, clips, text, images, illustrations and graphics.
Amendment 295 #
Proposal for a directive
Recital 270 a (new)
Recital 270 a (new)
(270a) 'Electronic programme guide' should be regarded as a dynamic concept in view of the ongoing changes to technologies and presentation and navigation tools deployed on the networks used to distribute radio broadcasts, audiovisual media services and connected TV services. Developments in those services should also be taken into account.
Amendment 348 #
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 2
Article 3 – paragraph 1 – subparagraph 2
National regulatory and other competent authorities mayshall contribute within their competencies to ensuring the implementation of policies aimed at the promotion of cultural and linguistic diversity, as well as media pluralism.
Amendment 496 #
Proposal for a directive
Article 26 – paragraph 1
Article 26 – paragraph 1
1. In the event of a dispute arising in connection with existing obligations under this Directive between undertakings providing electronic communications networks or services in a Member State, or between such undertakings and other undertakings in the Member State benefiting from obligations of access and/or interconnection or between undertakings providing electronic communications networks or services in a Member State and providers of associated facilities , the national regulatory authority concerned shall, at the request of either party, and without prejudice to paragraph 2 and on the basis of clear and effective guidelines and procedures, issue a binding decision to resolve the dispute in the shortest possible time frame and in any case within four months, except in exceptional circumstances. The Member State concerned shall require that all parties cooperate fully with the national regulatory authority.
Amendment 498 #
Proposal for a directive
Article 28 – paragraph 1 – subparagraph 1
Article 28 – paragraph 1 – subparagraph 1
Member States and their competent authorities shall ensure that the use of radio spectrum is organised on their territory in a way that no other Member State is impeded, in particular due to cross-border harmful interference between Member States, from allowing on its territory the use of harmonised radio spectrum in accordance with Union legislation.
Amendment 500 #
Proposal for a directive
Article 28 – paragraph 1 – subparagraph 2
Article 28 – paragraph 1 – subparagraph 2
They shall take all necessary measures to this effect whilst taking into account their domestic needs and without prejudice to their obligations under international law and relevant international agreements such as the ITU Radio Regulations.
Amendment 501 #
Proposal for a directive
Article 28 – paragraph 2 – introductory part
Article 28 – paragraph 2 – introductory part
2. Member States shall cooperate with each other, through the Radio Spectrum Policy Group, in the cross-border coordination of the use of radio spectrum in order to:
Amendment 506 #
Proposal for a directive
Article 28 – paragraph 3
Article 28 – paragraph 3
3. Any Member State concerned as well as the Commission may request the Radio Spectrum Policy Group to use its good offices and, where appropriate, to propose a coordinated solution in an opinion, in order to assist Member States in complying with paragraphs 1 and 2.
Amendment 507 #
Proposal for a directive
Article 28 – paragraph 4
Article 28 – paragraph 4
Amendment 606 #
Proposal for a directive
Article 45 – paragraph 3 – subparagraph 1 – introductory part
Article 45 – paragraph 3 – subparagraph 1 – introductory part
In case of a national or regional lack of market demand for the use of a harmonised band, and subject to the harmonisation measure adopted under Decision No 676/2002/EC, and without prejudice to Decision 243/2012/EU establishing a multiannual radio spectrum policy programme (RSPP) and Decision .../2017/EU concerning the use of the 470- 790 MHz frequency band in the Union, Member States may allow an alternative use of all or part of that band, including the existing use, in accordance with paragraphs 4 and 5, provided that:
Amendment 717 #
Proposal for a directive
Article 59 – paragraph 1 – subparagraph 1
Article 59 – paragraph 1 – subparagraph 1
National regulatory authorities shall, acting in pursuit of the objectives set out in Article 3, encourage and where appropriate ensure, in accordance with the provisions of this Directive, adequate access and interconnection, and the interoperability of services, exercising their responsibility in a way that promotes efficiency, sustainable competition, media pluralism, cultural diversity, the deployment of very high capacity networks, efficient investment and innovation, and gives the maximum benefit to end-users. They shall provide guidance and make publicly available the procedures applicable to gain access and interconnection to ensure that small and medium-sized enterprises and operators with a limited geographical reach can benefit from the obligations imposed.
Amendment 721 #
Proposal for a directive
Article 59 – paragraph 1 – subparagraph 2 – introductory part
Article 59 – paragraph 1 – subparagraph 2 – introductory part
In particular, without prejudice to measures that may be taken regarding undertakings with significant market power in accordance with Article 66, national regulatory authorities shall be able to impose inter alia:
Amendment 726 #
Proposal for a directive
Article 59 – paragraph 1 – subparagraph 2 – point d
Article 59 – paragraph 1 – subparagraph 2 – point d
(d) to the extent that is necessary to ensure accessibility for end-users to digital radio and television broadcastingradio broadcasting and audiovisual media services as well as related complementary services specified by the Member State, obligations on operators to provide access to the other facilities referred to in Annex II, Part II on fair, reasonable and non- discriminatory terms.
Amendment 791 #
Proposal for a directive
Article 60 – paragraph 4
Article 60 – paragraph 4
4. Conditions applied in accordance with this Article and with Article 59 are without prejudice to the ability of Member States to impose obligations in relation to the presentational aspect of electronic programme guides and similaother listing and navigation facilities.
Amendment 807 #
Proposal for a directive
Article 62 – paragraph 3
Article 62 – paragraph 3
3. National regulatory authorities shall, taking the utmost account of provisions including the Recommendation and the SMP guidelines, define relevant markets appropriate to national circumstances, in particular relevant geographic markets within their territory, in accordance with the principles of competition law. National regulatory authorities shall take into account the results of the geographical survey conducted in accordance with Article 22(1). They shall follow the procedures referred to in Articles 23 and 32 before defining the markets that differ from those identified in the Recommendation.
Amendment 1088 #
Proposal for a directive
Article 105 – paragraph 1
Article 105 – paragraph 1
In accordance with the provisions of Annex X, Member States shall ensure the interoperability of the consumer radio and digital television equipment referred to therein.
Amendment 1089 #
Proposal for a directive
Article 105 – paragraph 1
Article 105 – paragraph 1
In accordance with the provisions of Annex X, Member States shall ensure the interoperability of the consumer radio and digital television equipment referred to therein.
Amendment 1090 #
Proposal for a directive
Article 106 – paragraph 1 – subparagraph 1
Article 106 – paragraph 1 – subparagraph 1
Member States may impose reasonable ‘must carry’ obligations, for the transmission of specified radio and television broadcast channelradio broadcast channels, audiovisual media services and related complementary services, particularly accessibility services to enable appropriate access for disabled end-users and data supporting connected TV services andand ensuring end-user access to connected TV services and to the services specified in electronic programme guides, on undertakings under their jurisdiction providing electronic communications networks and services used for the distribution of radio or television broadcast channels and audiovisual media services to the public where a significant number of end- users of such networks use them as their principal meansand services use them to receive radio and television broadcast channels and audiovisual media services. Such obligations shall only be imposed where they are necessary to meet general interest objectives as clearly defined by each Member State and shall be proportionate and transparent.
Amendment 1092 #
Proposal for a directive
Article 106 – paragraph 2
Article 106 – paragraph 2
2. Neither paragraph 1 of this Article nor Article 57(2) shall prejudice the ability of Member States to determine appropriate remuneration, if any, by means of a legal provision, in respect of measures taken in accordance with this Article while ensuring that, in similar circumstances, there is no discrimination in the treatment of undertakings providing electronic communications networks and services. Where remuneration is provided for, Member States shall ensure that it is applied in a proportionate and transparent manner.
Amendment 1105 #
Proposal for a directive
Annex II – part 2 – point b
Annex II – part 2 – point b
(b) Access to electronic programme guides (EPGs), including for information enabling end-user access to connected television services.
Amendment 1107 #
Proposal for a directive
Annex II – part 2 – point b a (new)
Annex II – part 2 – point b a (new)
(ba) (c) Access to caching functions.
Amendment 1144 #
Proposal for a directive
Annex V – point 11 a (new)
Annex V – point 11 a (new)
(11a) (12) audiovisual media services
Amendment 1150 #
Proposal for a directive
Annex X – subheading1
Annex X – subheading1
Amendment 1151 #
Proposal for a directive
Annex X – part 2 a (new)
Annex X – part 2 a (new)
2a. Radio reception interoperability
Amendment 1152 #
Proposal for a directive
Annex X – part 2 b (new)
Annex X – part 2 b (new)
2b. Any radio equipment placed on the market for sale or rent or made available in the Union must be able to receive digital and analog radio services in accordance with standards adopted by a recognised European standardisation organisation. Where portable equipment sold in the Union contains an analog and/or digital receiver, that receiver must be activated.