The Bundesrat

Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Directive 2010/13/EU on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services in view of changing market realities

Scrutiny details

Subsidiarity deadline: 26/07/2016
Scrutiny Information

Scrutiny date: 23/09/2016

Subsidiarity Concern:

No Important information to exchange

No Veto

Information on parliamentary scrutiny

Referred to Committees on:

European Union Questions

Women and Youth
Cultural Affairs
Legal Affairs

Economic Affairs

The Committees on Economic Affairs and European Union Questions recommended the adoption of a reasoned opinion.

They see the new obligatory provisions concerning the National regulatory authorities (Art. 30 draft AVMSD) in contradiction with the principle of subsidiarity.

The plenary did not adopt the recommended reasoned opinion on 8/7/16.

Lisbon Treaty procedures
  Political Dialogue

20/04/2017 | Reply to Bundesrat - COM20160287

23/09/2016 | Scrutiny results - COM20160287

The Bundesrat welcomes the aim of the Commission's proposal to adapt the Directive for audiovisual media services (AVMD) to the converging media markets and media technologies. However, it is clearly against the formal establishment of the European Regulators Group for Audiovisual Media Services (ERGA), which would come along with a limitation of member state's competences, constituting an unacceptable interference into national constitutional competences, competences in the Council and in the contact group of the AVMD. The Bundesrat rejects therefore the enlargement of ERGA-competences, as foreseen in articles 2, 3, 4, 6a, 9, 28a and 30a of the proposal. ERGA must not become competent for discussing legal policy aspects in the further development of the AVMD or to exercise executive tasks.

In the Bundesrat's view, the independence of national regulatory authorities must be maintained under all circumstances. Therefore, the Bundesrat rejects clearly the provisions foreseen in Article 30 paragraph 1 to 7 of the draft directive, as the enclosed detailed provisions would intervene disproportionately in organisational competences of the member states and be against the subsidiarity principle. Furthermore, the Bundesrat rejects also from the content the provisions to fulfil for national regulatory authorities. In its view, these are arbitrary and do not sufficiently take into account other criteria, granting independence.

The Bundesrat welcomes that provisions on minor protection shall apply in future for both, linear and non-linear audiovisuel media services. However, when extending the field of application of the AVMD also on video platforms, member states should assure in an appropriate manner that videos, produced by users and provided on the platforms, are not inciting to violence or hate and that minors are protected from content that may harm their further development.

The Bundesrat welcomes the intention of the Commission to make quantitative limitation for commercials more flexible. It emphasizes the need for a clear distinction between content of programs and commercials. However, the Bundesrat is against the Commission's proposal to allow product placement in all audiovisual media services. In this context, it encourages the Commission to limit the exceptions foreseen in Article 11 paragraph 2 of the draft directive and to be more precise on them.

Contact points for EU matters

IPEX Correspondents:
Phone: +49 (0) 301 891 00 471  Email Mr. Michael Hoessl
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