7 Amendments of Seán KELLY related to 2016/0151(COD)
Amendment 437 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a a (new)
Article 1 – paragraph 1 – point 3 – point a a (new)
Directive 2010/13/EU
Article 2 – paragraph 3 - point c a (new)
Article 2 – paragraph 3 - point c a (new)
(aa) The following point is inserted: ‘(ca) 'if a media service provider has its head office in a Member State but provides a media service where the majority of audiovisual commercial communications on said service are directed towards the territory of another Member State then the media service in question shall be deemed to be established in the targeted Member State. The target territory of audiovisual commercial communications may be determined by language, any specificities of any licence held by the media service or media service provider, the source of revenue from such communications or any other appropriate means. Disputes between Member States under this provision shall be dealt with under paragraphs 5b & 5c of this Article.’
Amendment 441 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point b
Article 1 – paragraph 1 – point 3 – point b
Directive 2010/13/EU
Article 2 – paragraph 5 a
Article 2 – paragraph 5 a
5a. Member States shall communicate to the Commission a list of the audiovisual media service providers under their jurisdiction and the criteria set out in paragraphs 2 to 5 on which their jurisdiction is based. This list shall include information regarding the Member State or non-Union territory targeted by individual audiovisual media service providers or audiovisual media services and the languages in which these services are provided. They shall subsequently inform the Commission without undue delay of any changes to that list. The Commission shall ensure that the competent independent regulatory authorities have access to this information.
Amendment 450 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point b
Article 1 – paragraph 1 – point 3 – point b
Directive 2010/13/EU
Article 2 – paragraph 5 b
Article 2 – paragraph 5 b
5b. Where, in applying Articles 3 and 4 of this Directive, the Member States concerned do not agree on which Member State has jurisdiction, they shall bring the matter to the Commission's attention without undue delay. The Commission may request the European Regulators Group for Audiovisual Media Services (ERGA) to provide an opinion on the matter within 15 working days from submission of the Commission's request. If the Commission requests an opinion from ERGA, the time-limits set out in Articles 3(5) and 4(5) shall be suspended until ERGA has adopted an opinion.
Amendment 457 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point b a (new)
Article 1 – paragraph 1 – point 3 – point b a (new)
Directive 2010/13/EU
Article 2 – paragraph 5 b a (new)
Article 2 – paragraph 5 b a (new)
(ba) The following paragraph is inserted: ‘5ba. The Commission shall decide, within one month following the notification referred to in paragraph 5b or the opinion provided by ERGA, on said notification.’
Amendment 566 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2010/13/EU
Chapter III
Chapter III
PROVISIONS APPLICABLE TONLY TO ON-DEMAND AUDIOVISUAL MEDIA SERVICES AND PROVISIONS RELATING TO LEVIES ON AUDIOVISUAL MEDIA SERVICE PROVIDERS;
Amendment 740 #
Proposal for a directive
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Directive 2010/13/EU
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Member States may require providers of on-demand audiovisual media services under their jurisdiction to contribute financially to the production of European works, including via direct investment in content and contributions to national funds. Member States may require providers of on-demand audiovisual media services, targeting audiences in their territories, but established in other Member States to make such financial contributions. In this case, the financial contribution shall be based only on the revenues earned in the targeted Member States. If the Member State where the provider is established imposes a financial contribution, it shall take into account any financial contributions imposed by targeted Member States. Furthermore, Member States may not impose a levy on an ancillary on- demand audiovisual media service if it has already imposed a levy on the corresponding broadcasting service. Any financial contribution shall comply with Union law, in particular with State aid rules.
Amendment 755 #
Proposal for a directive
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Directive 2010/13/EU
Article 13 – paragraph 5
Article 13 – paragraph 5
5. Member States shall waive the requirements laid down in paragraphs 1 and 2 for providers with a low turnover or low audience or if they are small and micro enterprises. Member States may also waive such requirements in cases where they would be impracticable or unjustified by reason of the nature or theme of the on- demand audiovisual media services.