Changes from report parliamentary committee draft to plenary report

AddedArticle 11 – paragraph 1: 1. The Board shall be assisted by a separate and independent secretariat. The secretariat shall take instructions only from the Board.

AddedArticle 11 – paragraph 3: 3. The secretariat shall provide administrative and organisational support to the activities of the Board. The secretariat shall also assist the Board substantively in carrying out its tasks.

AddedArticle 11 a (new): Article 11a / Expert Group to the Board / 1. An Expert Group shall be established. The Expert Group shall consist of representatives from the media sector beyond the audiovisual media sector. The representatives of the Expert Groups shall be appointed in a transparent, objective and non-discriminatory manner. / 2. The Expert Group shall be composed of one or more representatives from the media sectors of each Member State, from European associations or from European organisations with expertise on media beyond the audiovisual media sector or one or more natural persons with expertise on media beyond the audiovisual media sector. Details on the full composition of the Expert Group shall be laid down in the Board’s rules of procedure. / 3. The Expert Group shall provide independent expertise, assistance and advice to the Board in carrying out its tasks on issues related to media freedom and pluralism. / 4. The Expert Group may draft a recommendation, on its own initiative or on a request by the Board, Commission or the European Parliament, regarding the Board’s work programme and the effective and consistent application of Chapter 3 of this Regulation. The Expert Group shall make such recommendations publicly available. / 5. Where the Board deals with a matter beyond the audiovisual media sector or relating to the press, it shall consult the Expert Group.

AddedArticle 12 – paragraph 1 – introductory part: The Board shall promote the effective and consistent application of this Regulation and of national rules implementing Directive 2010/13/EU throughout the Union. The Board shall:

AddedArticle 12 – paragraph 1 – point a: (a) support the Commission, through its expertise, in ensuring the correct application of this Regulation and the consistent implementation of Directive 2010/13/EU across all Member States, without prejudice to the tasks of national regulatory authorities or bodies;

AddedArticle 12 – paragraph 1 – point c: (c) advise the Commission, on its own initiative or where requested by it, 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, by which the Board is to respond to the Commission’s request;

AddedArticle 12 – paragraph 1 – point d: (d) on its own initiative or upon request of the Commission, 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;

Article 12 – paragraph 1 – point e – introductory part: (e) draw up opinions with respect to:

Change 2

ChangedArticle 12 – paragraph 1 – point f – introductory part: (f) on its own initiative or upon request of the Commission, draw up opinions with respect to:

Change 3

ChangedArticle 12 – paragraph 1 – point f – point ii: (ii)i: media(i) marketnational concentrationsmeasures which are likely to affect the functioning of the internal market for media services or havewhich ahave significantan impact on media pluralism,pluralism or the editorial independence of media service providers, in accordance with Article 22(1)20(4) of this Regulation;

Change 4

ChangedArticle 12 – paragraph 1 – point l:f (l)– organisepoint i a structured(new): dialogue(ia) betweenfactors providersto ofbe verytaken largeinto onlineaccount platforms,when representativesapplying ofthe mediacriteria servicefor providersassessing andthe impact of civilmedia society,market concentrations, in accordance with Article 1821(3) of this Regulation;

Change 5

RemovedArticle 13 – paragraph 4 – subparagraph 2: The requested authority shall provide reasons for any refusal to address a request. Where the requested authority refuses to address a request under point (a) of the first subparagraph, it shall, where possible, indicate the authority that is competent for the subject matter of the request or for the measures it was requested to take.

AddedArticle 12 – paragraph 1 – point f – point ii: (ii) media market concentrations which are likely to affect the functioning of the internal market for media services or which have an impact on media pluralism or the editorial independence of media service providers, in accordance with Article 22(1) of this Regulation;

AddedArticle 12 – paragraph 1 – point f a (new): (fa) establish and maintain the European Database of Media Ownership, which collects information provided by national regulatory authorities and bodies under Article 6;

AddedArticle 12 – paragraph 1 – point g: (g) draw up opinions on draft national opinions or decisions assessing a notifiable media market concentration, in accordance with Article 21(5) of this Regulation;

AddedArticle 12 – paragraph 1 – point h – point ii: (ii) factors to be taken into account when applying the criteria for assessing the impact of media market concentrations on media pluralism and editorial independence in accordance with Article 21(3) of this Regulation;

AddedArticle 12 – paragraph 1 – point i: (i) upon request of at least one of the concerned authorities or bodies, mediate in the case of disagreements between national regulatory authorities or bodies, in accordance with Article 14(3) of this Regulation;

AddedArticle 12 – paragraph 1 – point j: (j) foster cooperation on harmonised European standards related to digital signals and the design of devices or user interfaces, in accordance with Article 15(4) of this Regulation;

AddedArticle 12 – paragraph 1 – point k: (k) coordinate national measures related to the dissemination of or access to content of media service providers established outside of the Union that target recipients in the Union, in accordance with Article 16(1) of this Regulation;

AddedArticle 12 – paragraph 1 – point l: (l) organise, with the involvement of the Expert Group, a structured dialogue between providers of very large online platforms, providers of very large online search engines and representatives of media service providers and of civil society and other relevant stakeholders, and report on its results to the Commission and to the European Parliament, in accordance with Article 18 of this Regulation;

AddedArticle 12 – paragraph 1 – point m a (new): (ma) develop, in consultation with media service providers and other relevant stakeholders, guidelines and recommendations on the criteria and methodology for the distribution of public funds for State advertising and purchases in accordance with Article 24;

AddedArticle 12 – paragraph 1 – point m b (new): (mb) support the Commission in carrying out the monitoring exercised referred to in Article 25;

AddedArticle 12 – paragraph 1 – point m c (new): (mc) foster the development and use of effective measures and tools to strengthen media literacy, including the development of best practices for national authorities and bodies, media service providers, online platforms and online search engines;

AddedArticle 12 – paragraph 1 – point m d (new): (md) prepare a detailed annual report and follow-up of its activities and tasks set out in this paragraph and present it to the European Parliament.

AddedArticle 12 – paragraph 1 a (new): In so far as necessary to achieve the objectives set out in this Regulation and to carry out its tasks, the Board may, without prejudice to the competences of the Member States and the Union institutions, in coordination with the Commission, cooperate with competent Union bodies, offices, agencies and advisory bodies, competent authorities in third countries and international organisations. To that end, the Board may, subject to prior approval by the Commission, establish working arrangements.

AddedArticle 13 – paragraph 1: 1. A national regulatory authority or body may request (‘requesting authority’) cooperation, including the exchange of information and mutual assistance, at any time from one or more national regulatory authorities or bodies (‘requested authorities’) for the effective application of this Regulation or the national measures implementing Directive 2010/13/EU.

AddedArticle 13 – paragraph 2: 2. Where a national regulatory authority or body considers that media content constitutes a public provocation to commit a terrorist offence as set out in Article 5 of Directive (EU) 2017/541 or presents a serious and grave risk of prejudice to public security and to the safeguarding of national security and defence, it may request other national regulatory authorities or bodies to provide accelerated cooperation or mutual assistance, while ensuring compliance with fundamental rights, in particular freedom of expression.

AddedArticle 13 – paragraph 3: 3. Requests for cooperation, such as the exchange of information and mutual assistance, shall contain all the necessary information related to the request, including the purpose of and reasons for it.

AddedArticle 13 – paragraph 4 – subparagraph 1 – point b a (new): (ba) the request was not duly justified.

AddedArticle 13 – paragraph 4 – subparagraph 2: The requested authority shall provide reasons for any refusal to address a request. Where the requested authority refuses to address a request under the first subparagraph, point (a), it shall, where possible, indicate the authority that is competent for the subject matter of the request or for the measures it was requested to take.

Article 13 – paragraph 5: 5. The requested authority shall inform the requesting authority without undue delay of the results achieved or of the progress of the measures taken in response to the request.

Change 6

ChangedArticle 13 – paragraph 7: 7. Where the requesting authority does not consider the measures taken6: by6. theThe requested authority toshall bedo sufficientits utmost to address and reply to its request, it shall inform the requested authorityrequest without undue delay, explainingdelay. theFurther reasonsdetails foron itsthe position.procedure Ifof the requestedstructured authoritycooperation, doesincluding notthe agreerights withand thatobligations position,of orthe ifparties, the requesteddeadlines authority’sto reactionbe isrespected missing,and eitherintermediary authorityresults, mayshall referbe theset matterout toin the Board. Within 14Board’s calendarrules daysof fromprocedure. theIn receiptcase of that referral, therequests Boardfor shallaccelerated issuecooperation anor opinionmutual onassistance, the matter, including recommended actions. The requested authority shall doaddress itsand outmostreply to take into account the opinionrequest ofwithin the14 Board.calendar days.

Change 7

ChangedArticle 1413 – paragraph 4:7: 4.7. IfWhere nothe amicablerequesting solutionauthority hasdoes beennot foundconsider followingthe mediationmeasures taken by the Board, therequested requestingauthority nationalto authoritybe orsufficient bodyto oraddress theand requestedreply nationalto authorityits orrequest, bodyit mayshall requestinform the Boardrequested toauthority issuewithout anundue opiniondelay, onexplaining the matter.reasons Infor its opinionposition. If the Boardrequested shallauthority assessdoes whethernot agree with that position, or if the requested authority’s reaction is missing, either authority ormay bodyrefer hasthe compliedmatter withto the Board. Following receipt of such a requestreferral referredand towithin ina paragraphtime 1.period Ifto be specified in the BoardBoard’s considersrules thatof procedure, the requestedBoard authorityshall hasissue, notin compliedconsultation with suchthe aCommission request,where the Board shalldeems recommendit actionsrelevant, toan complyopinion withon the request.matter, including recommended actions. The Boardrequested authority shall issuedo its outmost to take into account the opinion withoutof unduethe delay.Board.

Change 8

ChangedArticle 14 – paragraph 5:2: 5.2. The requested national authority or body shall, without undue delay and within 30 calendar days at the latest from the receiptwithin, ofa themaximum opiniontime referredperiod to in paragraphbe 4,specified informin the Board, whereBoard’s necessaryrules theof Commission,procedure, andinform the requesting national authority or body ofabout the actions taken or planned in relationpursuant to paragraph 1 or justify the opinion.reasons for which actions were not taken.

Change 9

RemovedArticle 15 – paragraph 1: 1. The Board shall foster the exchange of best practices among the national regulatory authorities or bodies, consulting stakeholders, where appropriate, on regulatory, technical or practical aspects pertinent to the consistent and effective application of this Regulation and of the national rules implementing Directive 2010/13/EU.

AddedArticle 14 – paragraph 3: 3. In the event of a disagreement between the requesting national authority or body and the requested authority or body regarding actions taken or planned or a refusal to take actions pursuant to paragraph 1, either authority or body may refer the matter to the Board for mediation in view of finding an amicable solution.

RemovedArticle 15 – paragraph 3: 3. The Commission may issue an opinion on any matter related to the application of this Regulation and of the national rules implementing Directive 2010/13/EU. The Board shall assist the Commission in this regard.

AddedArticle 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 or body has not complied with such a request, the Board shall recommend actions to comply with the request. The Board shall issue its opinion, in consultation with the Commission where it deems it relevant, without undue delay.

RemovedArticle 15 – paragraph 4: 4. The Board shall foster cooperation between media service providers, standardisation bodies or any other relevant stakeholders in order to facilitate the development of harmonised European standards related to digital signals or design of devices or user interfaces controlling or managing access to and use of audiovisual media services.

AddedArticle 14 – paragraph 5: 5. Following receipt of the opinion referred to in paragraph 4, the requested national authority or body shall, without undue delay and within a maximum time period to be specified in the Board’s rules of procedure, inform the Board, the requesting authority or body and, where necessary, the Commission of the actions taken or planned in relation to the opinion.

RemovedArticle 16 – paragraph 1: 1. The Board shall facilitate and coordinate measures by national regulatory authorities or bodies related to the dissemination of or access to media services provided by media service providers established 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 or public health, where their programmes contain an incitement to hatred on the grounds of race, sex, religion or nationality, or where their programmes violate the human dignity of individual persons.

AddedArticle 15 – paragraph 1: 1. The Board shall foster the exchange of best practices among the national regulatory authorities or bodies, consulting stakeholders, where appropriate, and in cooperation with the Commission on regulatory, technical or practical aspects pertinent to the consistent and effective application of this Regulation and of the national rules implementing Directive 2010/13/EU.

RemovedArticle 16 – paragraph 2: 2. The Board may issue opinions on appropriate national measures under paragraph 1. All competent national authorities, including the national regulatory authorities or bodies, shall do their utmost to take into account the opinions of the Board within the scope of their competence.

AddedArticle 15 – paragraph 2 – point b: (b) making information accessible on the ownership structure of media service providers, as provided under Article 5(2) of Directive 2010/13/EU and Article 6 of this Regulation.

RemovedArticle 16 – paragraph 2 a (new): 2a. Where a media service provider established outside the Union falls under the territorial jurisdiction of a Member State pursuant to Article 2(4) of Directive 2010/13/EU, in addition to a possible intervention by the Board under paragraph 2 of this Article, a regulatory authority or body of another Member State may request the authorities or bodies of the competent Member State to take appropriate action against the media service provider where it assesses that the media service provider has manifestly, seriously and gravely infringed Article 6(1), point (b), of Directive 2010/13/EU or has prejudiced or presented a serious and grave risk of prejudice to public security, including the safeguarding of national security and defence. The Board shall develop a set of basic principle-based common criteria concerning the media service and the media service provider. Where the authorities or bodies of the competent Member State take action against that media service provider, they shall do their utmost to take into account that set of common criteria.

AddedArticle 15 – paragraph 3: 3. The Commission, assisted by the Board, may issue an opinion on any matter related to the application of this Regulation and of the national rules implementing Directive 2010/13/EU.

RemovedArticle 16 – paragraph 2 b (new): 2b. For urgent opinions under paragraphs 1 and 2a, an ad-hoc group may be formed within the Board. That ad-hoc group shall be established by a consensual decision of the Chair and the Vice-Chairs and shall comprise at least three different Member States.

AddedArticle 15 – paragraph 4: 4. The Board shall foster cooperation between media service providers, standardisation bodies or any other relevant stakeholders in order to promote the development of harmonised European standards related to digital signals or design of devices, including their remote controls or user interfaces.

RemovedArticle 17 – paragraph 1 a (new): 1a. Where media service providers consider that very large online platforms have unjustly declined their declaration under paragraph 1, they may ask the respective national authority to provide a clarification. Where the very large online platform does not accept the clarification of the relevant national authority, the media service provider may consult the Board.

AddedArticle 16 – title: Coordination of measures concerning media services which come from outside the Union

RemovedArticle 17 – paragraph 1 b (new): 1b. Very large online platforms which allow for the dissemination of media services shall respect the right to freedom of expression and freedom of the media and shall ensure the fair and non-discriminatory distribution on their services of media services provided by media service providers.

AddedArticle 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 established outside the Union that, irrespective of their means of distribution or the means by which they can be accessed, target or reach audiences in the Union where, inter alia in view of the control that may be exercised by third countries over them, such media services:

RemovedArticle 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 or services provided by a media service provider that submitted a declaration pursuant to paragraph 1 of this Article, on the grounds that such content or service is incompatible with its terms and conditions, without that content contributing to a systemic risk referred to in Article 26 of the Regulation (EU) 2022/2065, it shall take all possible measures, to the extent consistent with its obligations under Union law, including Regulation (EU) 2022/2065, 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, and to provide the media service provider concerned with an opportunity to reply to the statement of reasons within 48 hours prior to the restriction or suspension taking effect. A provider of a very large online platform shall not restrict or suspend the provision of its online intermediation services in relation to content or services provided by a media service provider where that that media service provider has reasonably demonstrated that the content or services in question are in accordance with the national law of the Member State concerned. The media service provider may notify the outcome of such exchanges to the Board.

AddedArticle 16 – paragraph 1 – point a (new): (a) contain a public provocation to commit a terrorist offence as set out in Article 5 of Directive (EU) 2017/541;

RemovedArticle 17 – paragraph 3: 3. Providers of very large online platforms shall take all the necessary technical and organisational measures to ensure that complaints under Article 11 of Regulation (EU) 2019/1150 by media service providers that submitted a declaration pursuant to paragraph 1 of this Article are processed and decided upon with priority and no later than 24 hours after submission of the complaint. Where the very large online platform fails to adhere to that time limit, it shall make visible or reinstate the content or service without undue delay.

AddedArticle 16 – paragraph 1 – point b (new): (b) manifestly, seriously and gravely prejudice, or present a serious and grave risk of prejudice to, public security, including the safeguarding of national security and defence.

RemovedArticle 17 – paragraph 4 a (new): 4a. Where the provider of a very large online platform and a media service provider fail to find an amicable solution, the media service provider may lodge a complaint with the Board. The Board may issue an opinion on that complaint.

AddedArticle 16 – paragraph 2: 2. The Board may issue opinions on appropriate national measures under paragraph 1 in accordance with its rules of procedure. All competent national authorities, including the national regulatory authorities or bodies, shall do their utmost to take into account the opinions of the Board. Such authorities and bodies shall provide reasons for a refusal to take into account the opinions of the Board.

RemovedArticle 18 – paragraph 1: 1. The Board shall regularly organise a structured dialogue between providers of very large online platforms, representatives of media service providers and representatives of civil society to discuss experience and best practices in the application of Article 17 of this Regulation, to foster access to diverse offers of independent media on very large online platforms, to monitor adherence to self-regulatory initiatives aimed at protecting society from harmful content, including disinformation and foreign information manipulation and interference, and to assess the possible negative effects that such initiatives might have on the freedom and pluralism of the media.

AddedArticle 16 – paragraph 2 a (new): 2a. Member States shall ensure that, where relevant, national regulatory authorities or bodies which decide to take action against a media service provider established outside the Union, have a legal basis to take into account at least one of the following: / (a) a decision taken against that provider by a national regulatory authority or body from another Member State; / (b) an opinion of the Board relating to that provider and taken on the grounds set out in this Article; / (c) any assessment of how the media service from that provider is received on the territory of the Union.