Changes from report parliamentary committee draft to plenary report

AddedArticle 21 – paragraph 4: 4. The national regulatory authority or body shall inform the Board before conducting the assessment referred to in the first subparagraph of paragraph 1 and shall consult the Board before issuing any opinion or taking any decision it aims to adopt concerning the impact on media pluralism and editorial independence of a notifiable market concentration or where such concentrations may affect the functioning of the internal market.

Change 17

ChangedArticle 21 – paragraph 4:5: 4.5. TheWithin national14 regulatorycalendar authoritydays orfrom bodythe shallreceipt informof the Board in advanceconsultation onreferred anyto opinionin orparagraph decision4, itthe aimsBoard toshall adoptdraw assessingup thean impactopinion on media pluralism of athe notifiabledraft marketnational concentrationopinion whereor suchdecision concentrationsreferred mayto affectit, thetaking functioningaccount of the internalelements market.referred Theto nationalin regulatoryparagraph authority2 orand bodytransmit maythat askopinion to the Boardconsulting forauthority anor opinionbody onand the impact of a merger.Commission.

Change 18

RemovedArticle 21 – paragraph 5: 5. Where the Board is consulted, it shall draw up an opinion without undue delay, taking account of the elements referred to in paragraph 2 and transmit that opinion to the consulting authority and the Commission.

AddedArticle 21 – paragraph 6: 6. The national regulatory authority or body referred to in paragraph 4 shall take utmost account of the opinion referred to in paragraph 5. Where that authority does not follow the opinion, fully or partially, it shall provide the Board and the Commission with a reasoned justification explaining its position within 30 calendar days from the receipt of that opinion. Without prejudice to its powers under the Treaties, the Commission may issue its own opinion on the matter. The competent national regulatory authority or body shall, within four weeks of receipt of such an opinion, provide the Commission with the reasons for which it did not fully or partially follow it.

RemovedArticle 22 – title: Opinions on media market concentrations significantly impacting media pluralism

AddedArticle 21 – paragraph 6 a (new): 6a. National regulatory authorities or bodies may request entities involved in a media market concentration to make commitments regarding the safeguarding of media pluralism and editorial independence based on the elements set out in paragraph 2.

Change 19

ChangedArticle 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, mayshall draw up an opinion on the impact of a media market concentration on media pluralism,pluralism whereand aeditorial independence, where, according to its own preliminary assessment or the Commission’s preliminary assessment, that 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 shall may bring such media market concentrations likely to affect the functioning of the internal market for media services to the attention of the Commission.

Change 20

RemovedArticle 23 – paragraph 2: 2. Without prejudice to the protection of undertakings’ business secrets, providers of proprietary audience measurement systems shall provide, without undue delay and free of costs, to media service providers and advertisers, as well as to third parties authorised by media service providers and advertisers, accurate, detailed, comprehensive, intelligible and up-to-date information on the methodology used by their audience measurement systems. They shall provide free of charge to each media service provider the audience measurements relating to its content and services. An independent body shall regularly audit the methodology and the application thereof. This provision shall not affect the Union’s data protection and privacy rules.

AddedArticle 22 – paragraph 2: 2. Following the opinion of the Board, and without prejudice to its powers under the Treaties, the Commission shall issue its own opinion on the matter. The competent national regulatory authority or body shall, within four weeks of receipt of such an opinion, provide the Commission with the reasons for which it did not fully or partially follow it.

RemovedArticle 23 – paragraph 3: 3. National regulatory authorities or bodies shall encourage the drawing up of codes of conduct or compliance with existing codes of conduct by providers of audience measurement systems, together with media service providers, very large online platforms, their representative organisations and any other interested parties, that are intended to contribute to compliance with the principles referred to in paragraph 1, including by promoting independent and transparent audits.

AddedArticle 22 – paragraph 3: 3. Opinions by the Board and by the Commission shall be made publicly available.

RemovedArticle 24 – paragraph 1: 1. Public funds or any other consideration or advantage granted by public authorities to media service providers and providers of very large online platforms 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.

AddedArticle 22 a (new): Article 22a / Delegated acts / 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. / 2. The power to adopt delegated acts referred to in this Regulation shall be conferred on the Commission for an indeterminate period of time from [OP please insert the date = 6 months after the date of entry into force of this Regulation]. / 3. The power to adopt delegated acts referred to in this Regulation may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. / 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. / 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. / 6. A delegated act adopted pursuant to this Regulation shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of one month of notification of that act to the European Parliament and the Council or if, …

RemovedArticle 24 – paragraph 2 – introductory part: 2. Public authorities, including Union institutions, 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, shall make publicly available accurate, comprehensive, intelligible, detailed and yearly information about their advertising expenditure allocated to media service providers and providers of online platforms, which shall include at least the following details:

AddedArticle 23 – paragraph 1: 1. Audience measurement systems and methodologies shall comply with principles of transparency, impartiality, inclusiveness, proportionality, non-discrimination, comparability and verifiability. Audience measurement shall be conducted in accordance with self-regulatory mechanisms jointly agreed and widely accepted within the media industry.

RemovedArticle 24 – paragraph 3: 3. National regulatory authorities or bodies shall monitor the allocation of state advertising in media markets and to providers of online platforms. In order to assess the accuracy of the information on state advertising 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.

AddedArticle 23 – paragraph 2: 2. Without prejudice to the protection of undertakings’ trade secrets as defined in Article 2, point (1), of Directive (EU) 2016/943, providers of proprietary audience measurement systems shall provide, without undue delay and free of costs, to media service providers, and advertisers as well as to third parties authorised by media service providers and advertisers, accurate, detailed, comprehensive, intelligible and up-to-date information on the methodology used by their audience measurement systems. Providers of proprietary audience measurement systems shall provide free of charge to each media service provider the audience measurements relating to its content and services. An independent body shall audit once a year the methodology used by proprietary audience measurement systems and the application of that methodology. This provision shall not affect the Union’s data protection and privacy rules.

RemovedArticle 24 – paragraph 4: 4. The allocation of state resources to media service providers and providers of online platforms for the purpose of purchasing goods or services from them other than state advertising shall be subject to the requirements set out in paragraph 1. This Article shall not affect the application of the State aid rules.

AddedArticle 23 – paragraph 2 a (new): 2a. Audience measurement data provided to media service providers shall be as granular as the information provided by industry self-regulatory mechanisms, including non-aggregated data.

RemovedArticle 25 – paragraph 1: 1. The Commission shall ensure an independent monitoring of the internal market for media services concerning risks to and progress in its functioning and resilience. The findings of the monitoring exercise shall be subject to consultation with the Board.

AddedArticle 23 – paragraph 3: 3. Providers of audience measurement systems, together with media service providers, their representative organisations, online platforms and any other interested parties, shall draw up codes of conduct, with the support of national regulatory authorities or bodies, that are intended to contribute to compliance with the principles referred to in paragraph 1, including by promoting independent and transparent audits. Such codes of conduct shall provide for the regular, transparent and independent monitoring and evaluation of the achievement of compliance with the principles referred to in paragraph 1. When drawing up codes of conduct, special consideration shall be given to small media in order to ensure that their audiences are properly measured.

RemovedArticle 25 – paragraph 3 – introductory part: 3. The monitoring exercise shall:

AddedArticle 23 – paragraph 4: 4. The Commission, assisted by the Board, shall issue guidelines on the practical application of paragraphs 1, 2 and 3, taking into account codes of conduct as referred to in paragraph 3.

RemovedArticle 25 – paragraph 3 – point a: (a) take into account the results of existing media monitoring exercises;

AddedArticle 23 – paragraph 5: 5. The Board shall foster the exchange of best practices related to the deployment of audience measurement systems through a regular dialogue between representatives of the national regulatory authorities or bodies, representatives of providers of audience measurement systems, media service providers and other interested parties.

RemovedArticle 25 – paragraph 3 – point b: (b) include an overview and forward-looking assessment of the resilience of the internal market for media services as a whole;

AddedArticle 23 – paragraph 5 a (new): 5a. The obligations set out in this Article are without prejudice to the right of audiences to the protection of personal data concerning them as provided for in Article 8 of the Charter of Fundamental Rights of the European Union and Regulation (EU) 2016/679.

RemovedArticle 25 – paragraph 3 – point c: deleted

AddedArticle 24 – title: Allocation of public funds for state advertising and purchases

AddedArticle 24 – paragraph 1: 1. Public funds or any other consideration or advantage allocated by public authorities to media service providers, providers of online platforms and providers of online search engines for the purposes of advertising and purchases shall be awarded according to transparent, objective, proportionate and non-discriminatory criteria and through open, proportionate and non-discriminatory procedures. Such public funding allocated for the purposes of advertising to a singular media service provider, including to an online platform provider or to an online search engine provider, shall not exceed 15 % of the total budget allocated by the public authority to the totality of media service providers operating at national level. This Article shall not affect public procurement rules or the application of State aid rules.

AddedArticle 24 – paragraph 1 a (new): 1a. Public authorities shall ensure that the criteria and procedures used to determine the allocation of public funds for the purposes of State advertising and purchases to media service providers, online platforms and online search engines in accordance with paragraph 1 are made available to the public in advance by electronic and user-friendly means. The national regulatory authorities or bodies shall consult the Board and national media stakeholders on the development of the methodology for such criteria and procedures.

AddedArticle 24 – paragraph 2 – introductory part: 2. Public authorities, including at Union, national, federal, regional, or local level, national regulatory authorities or bodies, as well as state-owned enterprises or other state-controlled entities at the Union national, regional, or local level, shall make publicly available by electronic and user-friendly means accurate, comprehensive, intelligible, detailed and yearly information about their advertising and purchase expenditures allocated to media service providers, providers of online platforms and providers of online search engines, which shall include at least the following details:

AddedArticle 24 – paragraph 2 – point a: (a) the legal names of media service providers, providers of online platforms or providers of online search engines from which advertising services and purchases were obtained;

AddedArticle 24 – paragraph 2 – point a a (new): (aa) a short reasoning of the criteria and procedures applied for the allocation of public funds for the purposes of State advertising and purchases to media service providers, providers of online platforms or providers of online search engines;

AddedArticle 24 – paragraph 2 – point b: (b) the total annual amount spent as well as the amounts spent per media service provider, provider of online platform or provider of online search engine;

AddedArticle 24 – paragraph 2 – point b a (new): (ba) state advertising and state financial support allocated to media service providers, providers of online platforms or providers of online search engines;

AddedArticle 24 – paragraph 2 – point b b (new): (bb) details of revenue from contracts with State bodies received by companies that belong to the same business grouping as the media service provider.

AddedArticle 24 – paragraph 3: 3. National regulatory authorities or bodies shall monitor the allocation of state funding in media markets and to providers of online platforms and providers of online search engines. In order to assess the accuracy of the information on state expenditures made available pursuant to paragraph 2, national regulatory authorities or bodies may request from the entities referred to in paragraph 2 further information, including more detailed information on the application of the criteria and procedures referred to in paragraph 1.

AddedArticle 24 – paragraph 3 a (new): 3a. National regulatory authorities or bodies monitoring the allocation of State expenditure shall report annually in a detailed and intelligible manner on the allocation of State expenditure to media service providers, providers of online platforms and providers of online search engine from the details set out to paragraph 2. Annual reports shall be made publicly available in an easily accessible manner.

AddedArticle 24 – paragraph 3 b (new): 3b. The allocation of State expenditure to media service providers, providers of online platforms and providers of online search engines for the purposes of emergency messages by public authorities shall become subject to the requirements set out in paragraphs 2 and 3 once the emergency situation has ended. Such allocations shall be subject to the requirements set out in paragraph 1.

AddedArticle 25 – paragraph 1: 1. The Commission, in consultation with the Board, shall ensure an independent and continuous monitoring of the internal market for media services, concerning its functioning and resilience, risks to it and its progress in the area of media freedom and media pluralism. The Commission may involve European bodies with relevant expertise in media freedom and media pluralism in that monitoring exercise.

AddedArticle 25 – paragraph 2 a (new): 2a. In the monitoring exercise referred to in paragraph 1, the Commission shall take into account the Board’s reports, assessments and recommendations, input from civil society, the results from the Media Pluralism Monitor and the findings of its annual rule of law reports.

AddedArticle 25 – paragraph 3 – introductory part: 3. The monitoring exercise shall, in particular:

AddedArticle 25 – paragraph 3 – point a: (a) take into account a detailed analysis of the resilience of media markets of all Member States, including an overview of the level of media concentration and risks to media pluralism and the editorial independence of media service providers, including information manipulation and interference;

AddedArticle 25 – paragraph 3 – point b: (b) include an overview and forward-looking assessment of the resilience of the internal market for media services as a whole, including as regards the degree of concentration of the market;

AddedArticle 25 – paragraph 3 – point b a (new): (ba) include a continuous and detailed assessment of the implementation of Articles 3, 4 and 7;

AddedArticle 25 – paragraph 3 – point c: (c) include an overview of measures taken by media service providers with a view to guaranteeing the independence of editorial decisions;

AddedArticle 25 – paragraph 3 – point c a (new): (ca) include a detailed assessment of the allocation of public funds for State advertising and purchases;

AddedArticle 25 – paragraph 3 – point c b (new): (cb) include an overview of national measures affecting media pluralism and the editorial independence of media service providers, taking into account their political independence and accessibility;

AddedArticle 25 – paragraph 3 – point c c (new): (cc) include an overview of the implementation and impact of the functionality of very large online platforms for recognised media service providers as referred to in Article 17;

AddedArticle 25 – paragraph 3 – point c d (new): (cd) assess the independence of the national regulatory authorities or bodies.

AddedArticle 25 – paragraph 3 a (new): 3a. The Commission shall establish an easy-to-use and publicly available alert mechanism to detect risks concerning the application of this Regulation.

AddedArticle 25 – paragraph 4: 4. The monitoring shall be carried out annually. The results of the monitoring shall be presented annually to the European Parliament and shall be made publicly available.

AddedArticle 26 – paragraph 1: 1. By [two years after the entry into force of this Regulation] and every two years thereafter, the Commission shall evaluate the implementation of this Regulation and report to the European Parliament, the Council and the European Economic and Social Committee, including on the findings and follow-up measures to be taken.

AddedArticle 28 – paragraph 2 – subparagraph 2: However, Articles 7 to 12 and 27 shall apply from [3 months after the entry into force] and Article 19 shall apply from [24 months after the entry into force].