### member states shall ensure that an independent supervisory body monitors and supervises the application of this regulation in all the seaports covered by this regulation on the territory of each member state . ### member states shall ensure that an effective mechanism is in place to handle complaints arising from the application of this regulation for all the maritime ports covered by this regulation on the territory of each member state .


### member states shall ensure that an independent supervisory body monitors and supervises the application of this regulation in all the seaports covered by this regulation on the territory of each member state . ### member states shall ensure that effective independent mechanisms are in place to monitor the application of this regulation and to handle complaints arising from the application of this regulation in all the seaports covered by this regulation on the territory of each member state . to that end , the member states shall designate one or several independent bodies .


### ‘ seaport’ means an area of land and water made up of such works and equipment so as to permit , principally , the reception of ships , their loading and unloading , the storage of goods , the receipt and delivery of these goods and the embarkation and disembarkation of passengers ; and any other infrastructure necessary for transport operators within the port area ; ### ‘ seaport’ means a delimited area of land and water made up , amongst other things , of infrastructures and facilities , managed autonomously by the managing body of the port so as to permit , principally , the reception of ships , their loading and unloading , the storage of goods , the receipt and delivery of these goods and the embarkation and disembarkation of passengers ;


### when a managing body of a port provides port services itself or through a legally distinct entity which it directly or indirectly controls , the member state may entrust the adoption of the decision limiting the number of providers of port services to an authority which is independent from the managing body of the port . if the member state does not entrust the adoption of the decision limiting the number of providers of port services to such an authority , the number of providers shall not be less than two . ### when a managing body of a port or a competent authority provides port services itself or through a legally distinct entity which it directly or indirectly controls , the member state shall take necessary measures to avoid conflicts of interest . in the absence of such measures , the number of providers shall not be less than two , unless any of the reasons listed in paragraph 1 justifies a limitation to a single provider .


### ‘ port infrastructure charge’ means a fee collected for the direct or indirect benefit of the managing body of the port and paid by the operators of waterborne vessels or cargo owners for the use of facilities and services that allow vessels entry and exit in and out of the port , including the waterways giving access to those ports , as well as access to the processing of passengers and cargo ; ### ‘ port infrastructure charge’ means a fee collected for the direct or indirect benefit of the managing body of the port and paid by the operators of waterborne vessels or cargo owners for the use of infrastructures , facilities and services that allow vessels entry and exit in and out of the port , including the waterways giving access to the port where these waterways are administered and managed by the port itself , access to the processing of passengers and cargo , but excluding land lease rates and charges having equivalent effect ;


### the different independent supervisory bodies should exchange information on their work and cooperate in order to ensure a uniform application of this regulation . ### member states should exchange information on their work and cooperate in order to facilitate a uniform application of this regulation .


### the independent supervisory body shall be legally distinct from and functionally independent of any managing body of the port or providers of port services . member states that retain ownership or control of ports or port managing bodies shall ensure an effective structural separation between the functions relating to the supervision and monitoring of this regulation and the activities associated with that ownership or control . the independent supervisory body shall exercise its powers impartially and transparently and with due respect to the right to freely conduct business . ### the handling of complaints shall be carried out in a manner which excludes conflicts of interest and which is functionally independent of any managing body of the port or providers of port services . member states shall ensure that there is effective functional separation between the handling of complaints on the one hand and the ownership and management of ports , provision of port services and port use on the other hand . the handling of complaints shall be impartial and transparent and shall duly respect the right to freely conduct business .


### ‘ port infrastructure charge’ means a fee collected for the direct or indirect benefit of the managing body of the port and paid by the operators of waterborne vessels or cargo owners for the use of facilities and services that allow vessels entry and exit in and out of the port , including the waterways giving access to those ports , as well as access to the processing of passengers and cargo ; ### ‘ port infrastructure charge’ means a charge levied by the managing body of the port or the competent authority and paid by the operators of waterborne vessels or cargo owners benefitting directly or indirectly of for the use of infrastructures , facilities and services managed autonomously by the managing body of the port that allow vessels entry and exit in and out of the port , including the waterways giving access to those ports , as well as access to the processing of passengers and cargo , but excluding land lease rates and charges having equivalent effect ;


### ‘ port infrastructure charge’ means a fee collected for the direct or indirect benefit of the managing body of the port and paid by the operators of waterborne vessels or cargo owners for the use of facilities and services that allow vessels entry and exit in and out of the port , including the waterways giving access to those ports , as well as access to the processing of passengers and cargo ; ### ‘ port infrastructure charge’ means a charge imposed by the managing body of the port or the competent authority and paid by the operators of waterborne vessels or cargo owners benefitting directly or indirectly of the use of infrastructures , facilities and services managed autonomously by the managing body of the port that allow vessels entry and exit in and out of the port , including the waterways giving access to those ports , as well as access to the processing of passengers and cargo , but excluding land lease rates and charges having equivalent effect ;


### ‘ pilotage’ means the guidance service of a waterborne vessel by a pilot or a pilotage station in order to allow for a safe entry or exit of the vessel in the waterways access to the port ; ### ‘ pilotage’ means the guidance service of a waterborne vessel by a pilot or a pilotage station in order to allow for a safe entry or exit of the waterborne vessel in the waterways access to the seaport or safe navigation within the port ;


### ‘ managing body of the port’ means any public or private body which , whether or not in conjunction with other activities , has as its objective under national law or instruments the administration and management of the port infrastructures , port traffic , the coordination and , where appropriate , the control of the activities of the operators present in the port concerned ; ### ‘ managing body of the port’ means any public or private body which , whether or not in conjunction with other activities , has as its public responsibility assigned under national law or regulations the administration and management of the port infrastructures , port traffic in the seaport in question , the coordination and , where appropriate , the carrying - out , organisation or control of the activities of the operators present in the seaport concerned , and the development of the seaport ;


### this regulation shall apply to all seaports of the trans - european transport network , as defined in annex i of regulation xxx [ regulation on the ten - t guidelines ] . ### this regulation shall apply to all seaports of the trans - european transport network , as defined in annex i of regulation no 1316 / 2013 of the european parliament and of the council1a , provided that they meet the criteria laid down in article 20 of the aforementioned regulation . __________________ 1aregulation no 1315 / 2013 of the european parliament and of the council of 11 december 2013 on union guidelines for the development of the trans - european transport network and repealing decision no 661 / 2010 / eu .


### adequate facilities should be in place to ensure that the users of the ports which are requested to pay a port infrastructure charge and / or a port service charge are regularly consulted when the port infrastructure charge and the port service charge are defined and changed . the managing bodies of the ports should also regularly consult other stakeholders on key issues related to the sound development of the port , its performance and its capacity to attract and generate economic activities such as the coordination of port services within the port area and the efficiency of the connections with the hinterland and of the administrative procedures in ports . ### it should be ensured that the users of the ports which are requested to pay a port infrastructure charge and / or a port service charge are regularly consulted when the port infrastructure charge and the port service charge are defined and changed . the managing bodies of the ports should also regularly consult other stakeholders on key issues related to the sound development of the port , its performance and its capacity to attract and generate economic activities such as the coordination of port services within the port area and the efficiency of the connections with the hinterland and of the administrative procedures in ports .


### the variation of port infrastructure charges should be allowed in order to promote short sea shipping and to attract waterborne vessels having an environmental performance or energy and carbon efficiency of the transport operations , notably the off - shore or on - shore maritime transport operations , that is better than average . this should help to contribute to the environmental and climate change policies and the sustainable development of the port and its surroundings notably by contributing to reducing the environmental footprint of the waterborne vessels calling and staying in the port . ### the managing body of the port can vary the port infrastructure charges as a part of its commercial strategy . port infrastructure charges may vary in order to , for example , promote short sea shipping and to attract waterborne vessels having an environmental performance or energy and carbon efficiency of the transport operations , notably the off - shore or on - shore maritime transport operations , that is better than average . this could help to contribute to the environmental and climate change policies and the sustainable development of the port and its surroundings notably by contributing to reducing the environmental footprint of the waterborne vessels calling and staying in the port .


### ‘ towage’ means the assistance to a waterborne vessel by means of a tug in order to allow for a safe entry or exit of the port by providing assistance to the manoeuvring of the waterborne vessel ; ### ‘ towage’ means the assistance to a waterborne vessel by means of a tug in order to allow for a safe entry or exit of the seaport or safe navigation within the seaport by providing assistance to the manoeuvring of the waterborne vessel ;


### the choice of law shall be made expressly in the assignment contract or by a separate agreement . the substantive and formal validity of the act whereby the choice of law was made shall be governed by the chosen law . ### the choice of law shall be made expressly in the assignment contract by an amendment to the contract of assignment or by separate agreement with the same purpose and concluded between the same parties . the substantive and formal validity of the act whereby the choice of law was made shall be governed by the chosen law .


### if , on the basis of its aggregate assessment of member states ' integrated national energy and climate progress reports pursuant to article 25 and supported by other information sources , as appropriate , the commission concludes that the union is at risk of not meeting the objectives of the energy union and , in particular , for the first ten - years period , the targets of the union ' s 2030 framework for climate and energy , it may issue recommendations to all member states pursuant to article 28 to mitigate such risk . the commission shall , as appropriate , take measures at union level in addition to the recommendations in order to ensure in particular the achievement of the union ' s 2030 targets for renewable energy and energy efficiency . with regard to renewable energy , such measures shall take into consideration ambitious early efforts by member states to contribute to the union ' s 2030 target . ### if , on the basis of its aggregate assessment of member states ' integrated national energy and climate progress reports pursuant to article 25 and supported by other information sources , the commission concludes that the union is at risk of not meeting the objectives of the energy union and , in particular , for the first ten - years period , the targets of the union ' s 2030 framework for climate and energy , it shall issue specific requirements for all member states pursuant to article 28 to mitigate such risk . the commission shall take measures at union level in addition to the specific requirements in order to ensure in particular the achievement of the union ' s 2030 targets for renewable energy and energy efficiency . with regard to renewable energy , such measures shall take into consideration ambitious early efforts by member states to contribute to the union ' s 2030 target .


### commission recommendations to member states ### specific requirements for member states


### the financial envelope for the implementation of the programme for the period 2021 &#8211 ; 2027 shall be eur 181 . 207 million in current prices . ### the financial envelope for the implementation of the programme for the period 2021 &#8211 ; 2027 shall be eur 160 . 657 million in 2018 prices for both commitment and payment appropriations .


### eur 114 . 207 million for the objective referred to in article 2 ; ### eur 101 . 256 million in 2018 prices for the objective referred to in article 2 ;


### 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 on better law - making of 13 april 2016 . ### 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 on better law - making of 13 april 2016 , as well as representatives from the ecb and europol .


### in the communication to the european parliament and to the council on the mid - term evaluation of the pericles 2020 programme , the commission came to the conclusion that the continuation of the pericles 2020 programme beyond 2020 should be supported , given its eu added value , its long - term impact and the sustainability of its actions . ### contrary to standard procedure , a separate impact assessment of the programme was not carried out . this can be partly explained by the fact that in 2017 the commission carried out a mid - term evaluation of the programme , supported by an independent report1a . although the report is generally positive about the programme , it expresses concerns about the limited number of competent authorities participating in the activities of the programme and the quality of the key performance indicators used for measuring the results of the programme . in its communication to the european parliament and to the council on the mid - term evaluation of the programme , the commission came to the conclusion that the continuation of the programme beyond 2020 should be supported , given its union added value , its long - term impact and the sustainability of its actions . __________________ 1aswd444 final and ares3289297 ' 30 / 06 / 2017


### there are new challenges , in particular in connection with video - sharing platforms , on which users - particularly minors - increasingly consume audiovisual content . in this context , harmful content and hate speech stored on video - sharing platforms have increasingly given rise to concern . it is necessary , in order to protect minors from harmful content and all citizens from content containing incitement to violence or hatred , to set out proportionate rules on those matters . ### there are new challenges , in particular in connection with video - sharing platforms , on which users - particularly minors - increasingly consume audiovisual content . illegal , harmful , racist and xenophobic content and hate speech hosted on video - sharing platforms , have increasingly given rise to concern . in addition , the decision to remove such content , being often dependent on a subjective interpretation , can undermine the freedom of expression and information . in this context , it is necessary , in order to protect minors from harmful content and all citizens from content containing incitement to violence or hatred hosted on video - sharing platforms , but also to protect and guarantee the fundamental rights of users , to set out common and proportionate rules on those matters . such rules should , in particular , further define at union level the characteristics of ' harmful content ' and ' incitement to violence and hatred ' , taking into account the intention and effect of such content . self - regulatory and co - regulatory measures implemented or approved by member states or by the commission should fully respect the obligations of the charter of fundamental rights of the european union , in particular article 52 thereof . national regulatory bodies or authorities should retain effective enforcement powers .


### providing for parental control systems with respect to content which may impair the physical , mental or moral development of minors ; ### providing for parental control systems that are under the control of the end - user , with respect to content which may impair the physical or mental development of minors ;


### 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 . any financial contribution shall comply with union law , in particular with state aid rules . ### member states may require providers of on - demand audiovisual media services established under their jurisdiction to contribute financially to the production of european works , including via direct investment in content and contributions to national funds .


### erga has made a positive contribution towards consistent regulatory practice and has provided high level advice to the commission on implementation matters . this calls for the formal recognition and reinforcement of its role in this directive . the group should therefore be re - established by virtue of this directive . ### the erga has made a positive contribution towards consistent regulatory practice and has provided high level and independent advice to the commission on implementation matters . this calls for the formal recognition , reinforcement and further clarification of its coordinating role in this directive . this directive should therefore formalise the role of the erga as an independent expert advisor to the commission and as a forum for the exchange of experiences and best practices between national regulators . the erga should be entrusted , in particular , with a specific advisory role with regard to issues of jurisdiction and the issuing of opinions on union codes of conduct based on co - regulation .


### 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 . any financial contribution shall comply with union law , in particular with state aid rules . ### 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 . any financial contribution shall comply with union law , in particular with state aid rules .


### product placement should not be admissible in news and current affairs programmes , consumer affairs programmes , religious programmes and programmes with a significant children’s audience . in particular , evidence shows that product placement and embedded advertisements can affect children’s behaviour as children are often not able to recognise the commercial content . there is thus a need to continue to prohibit product placement in programmes with a significant children’s audience . consumer affairs programmes are programmes offering advice to viewers , or including reviews on the purchase of products and services . allowing product placement in such programmes would blur the distinction between advertising and editorial content for viewers who may expect a genuine and honest review of products or services in such programmes . ### product placement should not be admissible in news and current affairs programmes , consumer affairs programmes , religious programmes and children programmes and content aimed at children’s audience . in particular , evidence shows that product placement and embedded advertisements can affect children’s behaviour as children are often not able to recognise the commercial content . there is thus a need to continue to prohibit product placement in programmes and content aimed at children’s audience . consumer affairs programmes are programmes offering advice to viewers , or including reviews on the purchase of products and services . allowing product placement in such programmes would blur the distinction between advertising and editorial content for viewers who may expect a genuine and honest review of products or services in such programmes . the provision of goods or services free of charge , such as samples , production props or prizes , should only be considered to be product placement if the goods or services involved are of significant commercial value .


### an important share of the content stored on video - sharing platforms is not under the editorial responsibility of the video - sharing platform provider . however , those providers typically determine the organisation of the content , namely programmes or user - generated videos , including by automatic means or algorithms . therefore , those providers should be required to take appropriate measures to protect minors from content that may impair their physical , mental or moral development and protect all citizens from incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex , race , colour , religion , descent or national or ethnic origin . ### an important share of the content hosted on video - sharing platforms is not under the editorial responsibility of the video - sharing platform provider . however , those providers typically determine the organisation of the content , namely programmes or user - generated videos , including by automatic means or algorithms . therefore , those providers should be required to take appropriate measures to protect minors from content that may impair their physical or mental development and protect all users from incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to race , colour , ethnic or social origin , genetic features , language , religion or belief , political or any other opinion , membership of a national minority , property , birth , disability , age , gender , gender expression , gender identity , sexual orientation , residence status or health . these grounds are intended to further specify the characteristics of ' publicly inciting to violence or hatred ' but should not alone be considered as a basis for restricting the making available of audio - visual content .


### this directive is without prejudice to the ability of member states to impose obligations to ensure discoverability and accessibility of content of general interest under defined general interest objectives such as media pluralism , freedom of speech and cultural diversity . 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 . in this respect , member states should in particular examine the need for regulatory intervention against the results of the outcome of market forces . where member states decide to impose discoverability rules , they should only impose proportionate obligations on undertakings , in the interest of legitimate public policy considerations . ### this directive is without prejudice to the ability of member states to take measures to ensure non - discriminatory discoverability and access to content of general interest under defined general interest objectives such as media pluralism , freedom of speech and cultural diversity . such obligations should only be introduced where they are necessary and proportionate to meet general interest objectives clearly defined by member states in conformity with union law . in this respect , member states should in particular examine the need for regulatory intervention against the results of the outcome of market forces . where member states decide to introduce discoverability rules , they should only take proportionate measures with regard to undertakings , in the interest of legitimate public policy considerations .


### this directive is without prejudice to the ability of member states to impose obligations to ensure discoverability and accessibility of content of general interest under defined general interest objectives such as media pluralism , freedom of speech and cultural diversity . 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 . in this respect , member states should in particular examine the need for regulatory intervention against the results of the outcome of market forces . where member states decide to impose discoverability rules , they should only impose proportionate obligations on undertakings , in the interest of legitimate public policy considerations . ### this directive is without prejudice to the ability of member states to impose obligations to ensure discoverability and accessibility of content of general interest under defined general interest objectives such as media pluralism , freedom of speech and cultural diversity . 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 . where member states decide to impose discoverability rules , they should only impose proportionate obligations on undertakings , in the interest of legitimate public policy considerations .


### in order to ensure coherence and give certainty to businesses and member states ' authorities , the notion of ' incitement to hatred ' should , to the appropriate extent , be aligned to the definition in the council framework decision 2008 / 913 / jha of 28 november 2008 on combating certain forms and expressions of racism and xenophobia by means of criminal law which defines hate speech as ' publicly inciting to violence or hatred ' . this should include aligning the grounds on which incitement to violence or hatred is based . ### in order to ensure coherence and give legal certainty to businesses and member states ' authorities , ' incitement to hatred ' should be aligned with the definition in the council framework decision 2008 / 913 / jha of 28 november 2008 on combating certain forms and expressions of racism and xenophobia by means of criminal law which defines hate speech as ' publicly inciting to violence or hatred ' , as well as those grounds not covered by framework decision 2008 / 913 / jha such as social origin , genetic features , language , political or any other opinion , membership of a national minority , property , birth , disability , age , gender , gender expression , gender identity , sexual orientation , residence status or health . these grounds are intended to further specify the characteristics of ' publicly inciting to violence or hatred ' but should not alone be considered as a basis for restricting the making available of audio - visual content . all circumstances , including intention , should be taken into account , and freedom of expression , in particular artistic , literary and journalistic expression , should be respected . provisions concerning hate speech should be applied in line with the jurisprudence of the european court of human rights concerning the right to freedom of expression and information .


### the daily proportion of television advertising spots and teleshopping spots within the period between 7 : 00 and 23 : 00 shall not exceed 20 % . ### the proportion of television advertising spots and teleshopping spots within a given clock hour between 7 : 00 and 23 : 00 shall not exceed 20 % .


### member states shall establish the necessary mechanisms to assess the appropriateness of the measures referred to in paragraphs 2 and 3 taken by video - sharing platform providers . member states shall entrust this task to the authorities designated in accordance with article 30 . ### member states shall establish the necessary mechanisms to assess the transparency , necessity , effectiveness and proportionality of the measures referred to in paragraphs 2 and 3 taken by video - sharing platform providers . member states shall entrust this task to an appropriate national authority , which may be the authorities designated in accordance with article 30 .


### without prejudice to the member state’s possibility of proceeding with the measures referred to in paragraph 6 , the commission shall examine the compatibility of the notified measures with union law in the shortest possible time . where it comes to the conclusion that the measures are incompatible with union law , the commission shall require the member state concerned to refrain from taking any intended measures or urgently to put an end to those measures . ### without prejudice to the member state’s possibility of proceeding with the measures referred to in paragraph 6 , the commission shall examine the compatibility of the notified measures with union law within two months after receiving the notification . where it comes to the conclusion that the measures are incompatible with union law , the commission shall require the member state concerned to refrain from taking any intended measures or urgently to put an end to those measures .


### in order to empower viewers , including parents and minors , in making informed decisions about the content to be watched , it is necessary that audiovisual media service providers provide sufficient information about content that may impair minors ' physical , mental or moral development . this could be done , for instance , through a system of content descriptors indicating the nature of the content . content descriptors could be delivered through written , graphical or acoustic means . ### in order to empower viewers , in particular parents and minors , in making informed decisions about the content to be watched , it is necessary that audiovisual media service providers provide sufficient information about content that may impair minors ' physical or mental development . this could be done , for instance , through a system of content descriptors indicating the nature of the content . content descriptors could be delivered through written , graphical or acoustic means .


### this directive respects the fundamental rights and observes the principles recognised in particular by the charter of fundamental rights of the european union . in particular , this directive seeks to ensure full respect for the right to freedom of expression , the freedom to conduct a business , the right to judicial review and to promote the application of the rights of the child enshrined in the charter of fundamental rights of the european union . ### member states , when implementing this directive are under the obligation to respects fundamental rights and observes the principles recognised in particular by the charter of fundamental rights of the european union . in particular , member states should ensure that no measure adopted in transpose this directive directly or indirectly undermines the right to freedom of expression , the freedom to conduct a business , the right to judicial review and to promote the application of the rights of the child enshrined in the charter of fundamental rights of the european union .


### 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 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 and 4 shall be suspended until erga has adopted an opinion . ### where 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 . in order to rapidly resolve disputes in instances where two or more member states have listed simultaneously the same service provider under their jurisdiction , the commission shall designate the jurisdiction of the member state applicable to the service provider . the commission may request the european regulators group for audiovisual media services to provide an opinion on the matter within 15 working days from submission of the commission ' s request .


### the market for tv broadcasting has evolved and that there is a need for more flexibility with regard to audiovisual commercial communications , in particular for quantitative rules for linear audiovisual media services , product placement and sponsorship . the emergence of new services , including without advertising , has led to a greater choice for viewers , who can easily switch to alternative offers . ### deleted


### ' user - generated video ' means a set of moving images with or without sound constituting an individual item that is created and / or uploaded to a video - sharing platform by one or more users ; ### ' user - generated video ' means a set of moving images with or without sound constituting an individual item that is uploaded to a video - sharing platform by one or more users ;


### member states shall encourage co - regulation and self - regulation through codes of conduct adopted at national level in the fields coordinated by this directive to the extent permitted by their legal systems . those codes shall be such that they are broadly accepted by the main stakeholders in the member states concerned . the codes of conduct shall clearly and unambiguously set out their objectives . they shall provide for regular , transparent and independent monitoring and evaluation of the achievement of the objectives aimed at . they shall provide for effective enforcement , including when appropriate effective and proportionate sanctions . ### the commission shall encourage and facilitate co - regulation and self - regulation through codes of conduct in the fields coordinated by this directive to the extent permitted by national legal systems . those codes shall be such that they are broadly accepted by the main stakeholders concerned and approved by the national regulatory body or authority . the codes of conduct shall clearly and unambiguously set out their objectives and measures . they shall provide for regular , transparent and independent monitoring and evaluation of the achievement of the objectives aimed at . they shall provide for effective and transparent enforcement , including when appropriate , effective and proportionate sanctions are applied . member states shall ensure that in the event co - regulation fails to achieve the desired level of protection , national regulatory bodies or authorities have effective enforcement powers , including through issuing binding codes of conduct and applying administrative sanctions .


### there are new challenges , in particular in connection with video - sharing platforms , on which users - particularly minors - increasingly consume audiovisual content . in this context , harmful content and hate speech stored on video - sharing platforms have increasingly given rise to concern . it is necessary , in order to protect minors from harmful content and all citizens from content containing incitement to violence or hatred , to set out proportionate rules on those matters . ### there are new challenges , in particular in connection with video - sharing platforms , on which users - particularly minors - increasingly consume audiovisual content . illegal , harmful , racist and xenophobic content and hate speech hosted on video - sharing platforms , have increasingly given rise to concern . in addition , the decision to remove such content , being often dependent on a subjective interpretation , can undermine the freedom of expression and information . in this context , it is necessary , in order to protect minors from harmful content and all citizens from content containing incitement to violence or hatred hosted on video - sharing platforms , but also to protect and guarantee the fundamental rights of users , to set out common and proportionate rules on those matters . such rules should , in particular , further define at union level the characteristics of ' harmful content ' and ' incitement to violence and hatred ' , taking into account the intention and effect of such content . self - regulatory and co - regulatory measures implemented or approved by member states or by the commission should fully respect the obligations of the charter of fundamental rights of the european union , in particular article 52 thereof . national regulatory bodies or authorities should retain effective enforcement powers .


### establishing and operating systems through which providers of video - sharing platforms explain to users of video - sharing platforms what effect has been given to the reporting and flagging referred to in point . ### establishing and operating systems through which providers of video - sharing platforms explain to users of video - sharing platforms the validity of , and what effect has been given to , the reporting and flagging referred to in point .


### there are new challenges , in particular in connection with video - sharing platforms , on which users - particularly minors - increasingly consume audiovisual content . in this context , harmful content and hate speech stored on video - sharing platforms have increasingly given rise to concern . it is necessary , in order to protect minors from harmful content and all citizens from content containing incitement to violence or hatred , to set out proportionate rules on those matters . ### there are new challenges , in particular in connection with video - sharing platforms and social media , on which users - particularly minors - increasingly consume audiovisual content . in this context , harmful content and hate speech available on video - sharing platforms have increasingly given rise to concern . it is necessary , in order to protect minors from harmful content and all citizens from content containing incitement to violence , hatred or terrorism , to set out proportionate rules on those matters .


### member states shall ensure by appropriate means that audiovisual media services provided by media service providers under their jurisdiction do not contain any incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation . ; ### member states shall ensure by appropriate means that audiovisual media services provided by media service providers under their jurisdiction do not contain any incitement to violence or hatred directed against a person or a group of persons defined by reference to race , colour , ethnic or social origin , genetic features , language religion or belief , political or any other opinion , membership of national minority , property , birth , disability , age , gender , gender expression , gender identity , or sexual orientation , residence status or health ;


### in order to ensure coherence and give certainty to businesses and member states ' authorities , the notion of ' incitement to hatred ' should , to the appropriate extent , be aligned to the definition in the council framework decision 2008 / 913 / jha of 28 november 2008 on combating certain forms and expressions of racism and xenophobia by means of criminal law which defines hate speech as ' publicly inciting to violence or hatred ' . this should include aligning the grounds on which incitement to violence or hatred is based . ### in order to ensure coherence and give certainty to businesses and member states ' authorities , the notion of ' incitement to hatred ' should , to the appropriate extent , be aligned to the definition in the council framework decision 2008 / 913 / jha of 28 november 2008 on combating certain forms and expressions of racism and xenophobia by means of criminal law which defines hate speech as ' publicly inciting to violence or hatred ' . this should include aligning the grounds on which incitement to violence or hatred is based in accordance with the grounds contained in article 21 of the charter of fundamental rights of the european union .


### an important share of the content stored on video - sharing platforms is not under the editorial responsibility of the video - sharing platform provider . however , those providers typically determine the organisation of the content , namely programmes or user - generated videos , including by automatic means or algorithms . therefore , those providers should be required to take appropriate measures to protect minors from content that may impair their physical , mental or moral development and protect all citizens from incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex , race , colour , religion , descent or national or ethnic origin . ### an important share of the content stored on video - sharing platforms is not under the editorial responsibility of the video - sharing platform provider . however , where those providers determine the organisation of the content , namely programmes or user - generated videos , including by automatic means or algorithms , they should be encouraged to take appropriate measures to protect minors from content that may impair their physical , mental or moral development and protect all citizens from incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex , race , colour , religion , descent or national or ethnic origin in accordance with guidelines regularly issued by authorities to ensure the protection of user ' s fundamental rights .


### member states shall establish the necessary mechanisms to assess the appropriateness of the measures referred to in paragraphs 2 and 3 taken by video - sharing platform providers . member states shall entrust this task to the authorities designated in accordance with article 30 . ### member states , in cooperation with the commission and erga , shall facilitate the development of a union code of conduct which shall include guidelines on the terms and conditions applicable to the removal of content referred to in points and of paragraph 1 of this article , in accordance with union law and the charter of fundamental rights . member states shall establish the necessary mechanisms to assess the appropriateness of the measures referred to in paragraphs 2 and 3 of this article taken by video - sharing platform providers in particular concerning freedom of expression and information . member states shall entrust this task to the authorities designated in accordance with article 30 .


### without prejudice to articles 14 and 15 of directive 2000 / 31 / ec , member states shall ensure that video - sharing platform providers take appropriate measures to : ### without prejudice to articles 14 and 15 of directive 2000 / 31 / ec , the european commission and member states shall ensure that video - sharing platform providers take appropriate measures to :


### the video - sharing platform providers covered by this directive provide information society services within the meaning of point of article 2 of directive 2000 / 31 / ec . those providers are consequently subject to the rules on the internal market set out in article 3 of that directive , if they are established in a member state . it is appropriate to ensure that the same rules apply to video - sharing platform providers which are not established in a member state with a view to safeguarding the effectiveness of the measures to protect minors and citizens set out in this directive and ensuring a level playing field in as much as possible , in as far as those providers have either a parent company or a subsidiary which is established in a member state or where those providers are part of a group and another entity of that group is established in a member state . to that effect , arrangements should be made to determine in which member state those providers should be deemed to have been established . the commission should be informed of the providers under each member state ' s jurisdiction in application of the rules on establishment set out in this directive and in directive 2000 / 31 / ec . ### video - sharing platform providers covered by this directive provide information society services within the meaning of point of article 2 of directive 2000 / 31 / ec and generally provide hosting services in accordance with article 14 of that directive . those providers are consequently subject to the rules on the internal market set out in article 3 of that directive , if they are established in a member state . it is appropriate to ensure that the same rules apply to video - sharing platform providers which are not established in a member state with a view to safeguarding the effectiveness of the measures to protect minors and citizens set out in this directive and ensuring a level playing field in as much as possible , in as far as those providers have either a parent company or a subsidiary which is established in a member state or where those providers are part of a group and another entity of that group is established in a member state . to that effect , arrangements should be made to determine in which member state those providers should be deemed to have been established . the commission should be informed of the providers under each member state ' s jurisdiction in application of the rules on establishment set out in this directive and in directive 2000 / 31 / ec .


### protect all citizens from content containing incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex , race , colour , religion , descent or national or ethnic origin . ### protect all citizens from content containing incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to race , colour , ethnic or social origin , genetic features , language , religion or belief , political or any other opinion , membership of a national minority , property , birth , disability , age , gender , gender expression , gender identity , sexual orientation , residence status or health .


### an important share of the content stored on video - sharing platforms is not under the editorial responsibility of the video - sharing platform provider . however , those providers typically determine the organisation of the content , namely programmes or user - generated videos , including by automatic means or algorithms . therefore , those providers should be required to take appropriate measures to protect minors from content that may impair their physical , mental or moral development and protect all citizens from incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex , race , colour , religion , descent or national or ethnic origin . ### an important share of the content stored on video - sharing platforms is not under the editorial responsibility of the video - sharing platform provider . however , where these providers determine the organisation of the content , namely programmes or user - generated videos , including by automatic means or algorithms , they should be encouraged to take appropriate measures to protect minors from content that may impair their physical or mental development and protect all citizens from incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex , race , colour , religion , descent or national or ethnic origin .


### member states shall encourage co - regulation and self - regulation through codes of conduct adopted at national level in the fields coordinated by this directive to the extent permitted by their legal systems . those codes shall be such that they are broadly accepted by the main stakeholders in the member states concerned . the codes of conduct shall clearly and unambiguously set out their objectives . they shall provide for regular , transparent and independent monitoring and evaluation of the achievement of the objectives aimed at . they shall provide for effective enforcement , including when appropriate effective and proportionate sanctions . ### the european commission shall encourage and facilitate co - regulation and self - regulation through codes of conduct in the fields coordinated by this directive to the extent permitted by national legal systems . those codes shall be such that they are broadly accepted by the main stakeholders concerned . the codes of conduct shall clearly and unambiguously set out their objectives . they shall provide for regular , transparent and independent monitoring and evaluation of the achievement of the objectives aimed at . they shall provide for effective and transparent enforcement , including when appropriate effective and proportionate sanctions are applied .


### this directive respects the fundamental rights and observes the principles recognised in particular by the charter of fundamental rights of the european union . in particular , this directive seeks to ensure full respect for the right to freedom of expression , the freedom to conduct a business , the right to judicial review and to promote the application of the rights of the child enshrined in the charter of fundamental rights of the european union . ### member states , when implementing this directive , are under the obligation to respect fundamental rights and observe the principles recognised in particular by the charter of fundamental rights of the european union . in particular , member states should ensure that no measure adopted for the transposition of this directive directly or indirectly undermines the right to freedom of expression , the freedom to conduct a business , the right to judicial review and to promote the application of the rights of the child enshrined in the charter of fundamental rights of the european union .


### the organisation of the stored content is determined by the provider of the service including by automatic means or algorithms , in particular by hosting , displaying , tagging and sequencing ; ### the active organisation of the stored content allows it to have knowledge or control of the data stored ;


### this directive is without prejudice to the ability of member states to impose obligations to ensure discoverability and accessibility of content of general interest under defined general interest objectives such as media pluralism , freedom of speech and cultural diversity . 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 . in this respect , member states should in particular examine the need for regulatory intervention against the results of the outcome of market forces . where member states decide to impose discoverability rules , they should only impose proportionate obligations on undertakings , in the interest of legitimate public policy considerations . ### this directive is without prejudice to the ability of member states to take measures to ensure non - discriminatory discoverability and access to content of general interest under defined general interest objectives such as media pluralism , freedom of speech and cultural diversity . such obligations should only be introduced where they are necessary and proportionate to meet general interest objectives clearly defined by member states in conformity with union law . in this respect , member states should in particular examine the need for regulatory intervention against the results of the outcome of market forces . where member states decide to introduce discoverability rules , they should only take proportionate measures with regard to undertakings , in the interest of legitimate public policy considerations .


### member states shall establish the necessary mechanisms to assess the appropriateness of the measures referred to in paragraphs 2 and 3 taken by video - sharing platform providers . member states shall entrust this task to the authorities designated in accordance with article 30 . ### member states shall , in cooperation with the commission and erga , establish the necessary mechanisms to regularly assess the transparency , necessity , effectiveness and proportionality of the measures referred to in paragraphs 2 and 3 taken by video - sharing platform providers , in particular with regard to freedom of expression and information . member states shall entrust this task to the authorities designated in accordance with article 30 .


### the european regulators group for audiovisual media services is hereby established . ### the european regulators group for audiovisual media services is hereby established as an independent expert advisory group to the commission and as a forum for the exchange of experiences and best practices between the national regulatory bodies or authorities .


### the organisation of the stored content is determined by the provider of the service including by automatic means or algorithms , in particular by hosting , displaying , tagging and sequencing ; ### the organisation of the content is determined by the provider of the service including by automatic means or algorithms , in particular by hosting , displaying , tagging and sequencing ;


### in light of the nature of the providers ' involvement with the content stored on video - sharing platforms , those appropriate measures should relate to the organisation of the content and not to the content as such . the requirements in this regard as set out in this directive should therefore apply without prejudice to article 14 of directive 2000 / 31 / ec of the european parliament and of the council34 , which provides for an exemption from liability for illegal information stored by certain providers of information society services . when providing services covered by article 14 of directive 2000 / 31 / ec , those requirements should also apply without prejudice to article 15 of that directive , which precludes general obligations to monitor such information and to actively seek facts or circumstances indicating illegal activity from being imposed on those providers , without however concerning monitoring obligations in specific cases and , in particular , without affecting orders by national authorities in accordance with national legislation . __________________ 34 directive 2000 / 31 / ec of the european parliament and of the council of 8 june 2000 on certain legal aspects of information society services , in particular electronic commerce , in the internal market . ### the requirements set out in this directive should apply without prejudice to articles 14 and 15 of directive 2000 / 31 / ec of the european parliament and of the council34 , which provides for an exemption from liability for illegal information hosted by certain providers of information society services . __________________ 34 directive 2000 / 31 / ec of the european parliament and of the council of 8 june 2000 on certain legal aspects of information society services , in particular electronic commerce , in the internal market .


### defining and applying in the terms and conditions of the video - sharing platform providers the concepts of incitement to violence or hatred as referred to in point of paragraph 1 and of content which may impair the physical , mental or moral development of minors , in accordance with articles 6 and 12 respectively ; ### specifying the characteristics of and applying in the terms and conditions of the video - sharing platform providers the concepts of incitement to violence or hatred as referred to in point of paragraph 1 and of content which may impair the physical or mental development of minors , in accordance with articles 6 and 12 respectively ; member states shall ensure that measures based on terms and conditions are only permitted where national procedural rules provide a possibility for users to assert their rights before a court after learning of such measures ;


### in order to ensure coherence and give certainty to businesses and member states ' authorities , the notion of ' incitement to hatred ' should , to the appropriate extent , be aligned to the definition in the council framework decision 2008 / 913 / jha of 28 november 2008 on combating certain forms and expressions of racism and xenophobia by means of criminal law which defines hate speech as ' publicly inciting to violence or hatred ' . this should include aligning the grounds on which incitement to violence or hatred is based . ### in order to ensure coherence and give certainty to union citizens , businesses and member states ' authorities , the notion of ' incitement to hatred ' should be aligned with the definition in the council framework decision 2008 / 913 / jha of 28 november 2008 on combating certain forms and expressions of racism and xenophobia by means of criminal law which defines hate speech as ' publicly inciting to violence or hatred ' . this should include aligning the grounds on which incitement to violence or hatred is based .


### the last substantive amendment to directive 89 / 552 / eec of the council27 , later codified by directive 2010 / 13 / eu of the european parliament and of the council28 , was made in 2007 with the adoption of directive 2007 / 65 / ec of the european parliament and of the council29 . since then , the market of audiovisual media services has evolved significantly and rapidly . technical developments allow for new types of services and user experiences . the viewing habits , particularly of younger generations , have changed significantly . while the main tv screen remains an important device to share audiovisual experiences , many viewers have moved to other , portable devices to watch audiovisual content . traditional tv content accounts still for a major share of the average daily viewing time . however , new types of content , such as short videos or user - generated content , gain increasing importance and new players , including providers of video - on - demand services and video - sharing platforms , are now well - established . __________________ 27 directive 89 / 552 / eec of the european parliament and of the council of 3 october 1989 on the coordination of certain provisions laid down by law , regulation or administrative action in member states concerning the provision of audiovisual media services . 28 directive 2010 / 13 / eu of the european parliament and of the council of 10 march 2010 on the coordination of certain provisions laid down by law , regulation or administrative action in member states concerning the provision of audiovisual media services . 29 directive 2007 / 65 / ec of the european parliament and of the council of 11 december 2007 amending council directive 89 / 552 / eec on the coordination of certain provisions laid down by law , regulation or administrative action in member states concerning the pursuit of television broadcasting activities . ### the last substantive amendment to directive 89 / 552 / eec of the council27 , later codified by directive 2010 / 13 / eu of the european parliament and of the council28 , was made in 2007 with the adoption of directive 2007 / 65 / ec of the european parliament and of the council29 . since then , the market of audiovisual media services has evolved significantly and rapidly . technical developments allow for new types of services and user experiences . the viewing habits , particularly of younger generations , have changed significantly . while the main tv screen remains an important device to share audiovisual experiences , many viewers have moved to other , portable devices to watch audiovisual content . traditional tv content accounts still for a major share of the average daily viewing time . however , new types of content , such as short videos or user - generated content , gain increasing importance and new players , including providers of video - on - demand services , social media and video - sharing platforms , are now well - established . __________________ 27 directive 89 / 552 / eec of the european parliament and of the council of 3 october 1989 on the coordination of certain provisions laid down by law , regulation or administrative action in member states concerning the provision of audiovisual media services . 28 directive 2010 / 13 / eu of the european parliament and of the council of 10 march 2010 on the coordination of certain provisions laid down by law , regulation or administrative action in member states concerning the provision of audiovisual media services . 29 directive 2007 / 65 / ec of the european parliament and of the council of 11 december 2007 amending council directive 89 / 552 / eec on the coordination of certain provisions laid down by law , regulation or administrative action in member states concerning the pursuit of television broadcasting activities .


### protect all citizens from content containing incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex , race , colour , religion , descent or national or ethnic origin . ### protect all citizens from content containing incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to race , colour , ethnic or social origin , genetic features , language , religion or belief , political or any other opinion , membership of a national minority , property , birth , disability , age , gender , gender expression , gender identity , sexual orientation , residence status or health . these grounds are intended to further clarify the characteristics of ' publicly inciting to violence or hatred ' but shall not alone be considered as a basis for restricting the making available of audiovisual content . member states shall ensure that all circumstances , such as intention , are taken into account , and freedom of expression , in particular artistic , literary and journalistic expression , is respected .


### an important share of the content stored on video - sharing platforms is not under the editorial responsibility of the video - sharing platform provider . however , those providers typically determine the organisation of the content , namely programmes or user - generated videos , including by automatic means or algorithms . therefore , those providers should be required to take appropriate measures to protect minors from content that may impair their physical , mental or moral development and protect all citizens from incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex , race , colour , religion , descent or national or ethnic origin . ### an important share of the content hosted on video - sharing platforms is not under the editorial responsibility of the video - sharing platform provider . however , those providers typically determine the organisation of the content , namely programmes or user - generated videos , including by automatic means or algorithms . therefore , those providers should be required to take appropriate measures to protect minors from content that may impair their physical or mental development and protect all users from incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to race , colour , ethnic or social origin , genetic features , language , religion or belief , political or any other opinion , membership of a national minority , property , birth , disability , age , gender , gender expression , gender identity , sexual orientation , residence status or health . these grounds are intended to further specify the characteristics of ' publicly inciting to violence or hatred ' but should not alone be considered as a basis for restricting the making available of audio - visual content .


### there are new challenges , in particular in connection with video - sharing platforms , on which users - particularly minors - increasingly consume audiovisual content . in this context , harmful content and hate speech stored on video - sharing platforms have increasingly given rise to concern . it is necessary , in order to protect minors from harmful content and all citizens from content containing incitement to violence or hatred , to set out proportionate rules on those matters . ### there are new challenges , in particular in connection with video - sharing platforms , on which users - particularly minors - increasingly consume audiovisual content . illegal , harmful , racist and xenophobic content and hate speech hosted on video - sharing platforms , have increasingly given rise to concern . in addition , the decision to remove such content , being often dependent on a subjective interpretation , can undermine the freedom of expression and information . in this context , it is necessary , in order to protect minors from harmful content and all citizens from content containing incitement to violence or hatred hosted on video - sharing platforms , but also to protect and guarantee the fundamental rights of users , to set out common and proportionate rules on those matters . such rules should , in particular , further define at union level the characteristics of ' harmful content ' and ' incitement to violence and hatred ' , taking into account the intention and effect of such content . self - regulatory and co - regulatory measures implemented or approved by member states or by the commission should fully respect the obligations of the charter of fundamental rights of the european union , in particular article 52 thereof . national regulatory bodies or authorities should retain effective enforcement powers .


### there are new challenges , in particular in connection with video - sharing platforms , on which users - particularly minors - increasingly consume audiovisual content . in this context , harmful content and hate speech stored on video - sharing platforms have increasingly given rise to concern . it is necessary , in order to protect minors from harmful content and all citizens from content containing incitement to violence or hatred , to set out proportionate rules on those matters . ### there are new challenges , in particular in connection with video - sharing platforms , on which users - particularly minors - increasingly consume audiovisual content . in this context , harmful content and hate speech stored on video - sharing platforms have increasingly given rise to concern . it is necessary , in order to protect citizens and , in particular , minors from harmful content and from content containing incitement to violence or hatred , to set out common and proportionate rules on those matters , without undermining in any way the fundamental right to freedom of expression and without prejudice to directive 2000 / 31 / ec of the european parliament and of the council1a . __________________ 1a directive 2000 / 31 / ec of the european parliament and of the council of 8 june 2000 on certain legal aspects of information society services , in particular electronic commerce , in the internal market .


### a service as defined by articles 56 and 57 of the treaty on the functioning of the european union , where the principal purpose of the service or a dissociable section thereof is devoted to providing programmes , under the editorial responsibility of a media service provider , in order to inform , entertain or educate , to the general public by electronic communications networks within the meaning of point of article 2 of directive 2002 / 21 / ec . such an audiovisual media service is either a television broadcast as defined in point of this paragraph or an on - demand audiovisual media service as defined in point of this paragraph ; ; ### a service as defined by articles 56 and 57 of the treaty on the functioning of the european union , where the principal purpose of the service is the provision of programmes , under the editorial responsibility of a media service provider , in order to inform , entertain or educate , to the general public by electronic communications networks within the meaning of point of article 2 of directive 2002 / 21 / ec . such an audiovisual media service is either a television broadcast as defined in point of this paragraph or an on - demand audiovisual media service as defined in point of this paragraph ;


### product placement shall be admissible in all audiovisual media services , except in news and current affairs programmes , consumer affairs programmes , religious programmes and programmes with a significant children ' s audience . ### product placement shall be admissible in all audiovisual media services , except in news and current affairs programmes , consumer affairs programmes , religious programmes and children ' s programmes .


### in order to ensure coherence and give certainty to businesses and member states ' authorities , the notion of ' incitement to hatred ' should , to the appropriate extent , be aligned to the definition in the council framework decision 2008 / 913 / jha of 28 november 2008 on combating certain forms and expressions of racism and xenophobia by means of criminal law which defines hate speech as ' publicly inciting to violence or hatred ' . this should include aligning the grounds on which incitement to violence or hatred is based . ### in order to ensure coherence and give legal certainty to businesses and member states ' authorities , ' incitement to hatred ' should be aligned with the definition in the council framework decision 2008 / 913 / jha of 28 november 2008 on combating certain forms and expressions of racism and xenophobia by means of criminal law which defines hate speech as ' publicly inciting to violence or hatred ' , as well as those grounds not covered by framework decision 2008 / 913 / jha such as social origin , genetic features , language , political or any other opinion , membership of a national minority , property , birth , disability , age , gender , gender expression , gender identity , sexual orientation , residence status or health . these grounds are intended to further specify the characteristics of ' publicly inciting to violence or hatred ' but should not alone be considered as a basis for restricting the making available of audio - visual content . all circumstances , including intention , should be taken into account , and freedom of expression , in particular artistic , literary and journalistic expression , should be respected . provisions concerning hate speech should be applied in line with the jurisprudence of the european court of human rights concerning the right to freedom of expression and information .


### an important share of the content stored on video - sharing platforms is not under the editorial responsibility of the video - sharing platform provider . however , those providers typically determine the organisation of the content , namely programmes or user - generated videos , including by automatic means or algorithms . therefore , those providers should be required to take appropriate measures to protect minors from content that may impair their physical , mental or moral development and protect all citizens from incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex , race , colour , religion , descent or national or ethnic origin . ### an important share of the content stored on video - sharing platforms is not under the editorial responsibility of the video - sharing platform provider . however , where these providers determine the organisation of the content , namely programmes or user - generated videos , including by automatic means or algorithms , they should be encouraged to take appropriate measures to protect minors from content that may impair their physical or mental development and protect all citizens from incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex , race , colour , religion , descent or national or ethnic origin .


### product placement should not be admissible in news and current affairs programmes , consumer affairs programmes , religious programmes and programmes with a significant children’s audience . in particular , evidence shows that product placement and embedded advertisements can affect children’s behaviour as children are often not able to recognise the commercial content . there is thus a need to continue to prohibit product placement in programmes with a significant children’s audience . consumer affairs programmes are programmes offering advice to viewers , or including reviews on the purchase of products and services . allowing product placement in such programmes would blur the distinction between advertising and editorial content for viewers who may expect a genuine and honest review of products or services in such programmes . ### product placement should not be admissible in news and current affairs programmes , consumer affairs programmes , religious programmes and children programmes and content aimed at children’s audience . in particular , evidence shows that product placement and embedded advertisements can affect children’s behaviour as children are often not able to recognise the commercial content . there is thus a need to continue to prohibit product placement in programmes and content aimed at children’s audience . consumer affairs programmes are programmes offering advice to viewers , or including reviews on the purchase of products and services . allowing product placement in such programmes would blur the distinction between advertising and editorial content for viewers who may expect a genuine and honest review of products or services in such programmes . the provision of goods or services free of charge , such as samples , production props or prizes , should only be considered to be product placement if the goods or services involved are of significant commercial value .


### member states shall ensure by appropriate means that audiovisual media services provided by media service providers under their jurisdiction do not contain any incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation . ; ### ' member states shall ensure by appropriate means that audiovisual media services provided by media service providers under their jurisdiction do not contain any incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex , racial or ethnic origin , religion or belief , disability , age , or sexual orientation or gender identity . ' ;


### the service consists of the storage of a large amount of programmes or user - generated videos , for which the video - sharing platform provider does not have editorial responsibility ; ### the service consists of the storage of whose level of use in a national market is such that specific regulatory intervention is proportionate and which hosts programmes or user - generated videos , for which the video - sharing platform provider does not have editorial responsibility ;


### member states shall not impose on video - sharing platform providers measures that are stricter than the measures referred to in paragraph 1 and 2 . member states shall not be precluded from imposing stricter measures with respect to illegal content . when adopting such measures , they shall respect the conditions set by applicable union law , such as , where appropriate , those set in articles 14 and 15 of directive 2000 / 31 / ec or article 25 of directive 2011 / 93 / eu . ### member states shall not impose on video - sharing platform providers measures that are stricter than the measures referred to in paragraph 1 and 2 . member states shall not be precluded from imposing stricter measures with respect to illegal content , provided that any measure taken , for the purposes of this directive , to restrict the online distribution , or otherwise making available , of illegal content to the public is in line with the charter of fundamental rights of the european union , is limited to what is necessary and proportionate and taken on the basis of a prior judicial authorisation . when adopting such measures , they shall respect the conditions set by applicable union law , such as , where appropriate , those set in articles 14 and 15 of directive 2000 / 31 / ec or article 25 of directive 2011 / 93 / eu .


### 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 . ### 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 shall 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 .


### for the purposes of the implementation of the measures referred to in paragraphs 1 and 2 , member states shall encourage co - regulation as provided for in article 4 . ### for the purposes of the implementation of the measures referred to in paragraphs 1 and 2 , member states shall encourage co - regulation and self - regulation as provided for in article 4 among social networking platforms that meet the requirements of a video - sharing platform service .


### audiovisual commercial communications for alcoholic beverages shall not be aimed specifically at minors and shall not encourage immoderate consumption of such beverages ; ### paragraph 1 , point is amended as following : audiovisual commercial communications for alcoholic or high caffeine content beverages shall not be aimed specifically at minors and shall not encourage immoderate consumption of such beverages ;


### establishing jurisdiction requires an assessment of factual situations against the criteria laid down in directive 2010 / 13 / eu . the assessment of such factual situations might lead to conflicting results . in the application of the cooperation procedures provided for in articles 3 and 4 of directive 2010 / 13 / eu , it is important that the commission can base its findings on reliable facts . the european regulators group for audiovisual media services should therefore be empowered to provide opinions on jurisdiction upon the commission ' s request . ### establishing jurisdiction requires an assessment of factual situations against the criteria laid down in directive 2010 / 13 / eu . the assessment of such factual situations might lead to conflicting results . in the application of the cooperation procedures provided for in articles 3 and 4 of directive 2010 / 13 / eu , it is important that the commission can base its findings on reliable facts . the european regulators group for audiovisual media services should therefore be empowered to provide non - binding opinions on jurisdiction upon the commission ' s request as it is composed of national independent regulatory authorities in the field of audiovisual media services .


### an important share of the content stored on video - sharing platforms is not under the editorial responsibility of the video - sharing platform provider . however , those providers typically determine the organisation of the content , namely programmes or user - generated videos , including by automatic means or algorithms . therefore , those providers should be required to take appropriate measures to protect minors from content that may impair their physical , mental or moral development and protect all citizens from incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex , race , colour , religion , descent or national or ethnic origin . ### an important share of the content stored on video - sharing platforms is not under the editorial responsibility of the video - sharing platform provider . however , where those providers determine the organisation of the content , namely programmes or user - generated videos , including by automatic means or algorithms , they should be encouraged to take appropriate measures to protect minors from content that may impair their physical , mental or moral development and protect all citizens from incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex , race , colour , religion , descent or national or ethnic origin in accordance with guidelines regularly issued by authorities to ensure the protection of user ' s fundamental rights .


### ' video - sharing platform service ' means a service , as defined by articles 56 and 57 of the treaty on the functioning of the european union , which meets the following requirements : ### ' video - sharing platform service ' means a service , as defined by articles 56 and 57 of the treaty on the functioning of the european union , which meets all the following requirements :


### directive 2010 / 13 / eu should remain applicable only to those services the principal purpose of which is the provision of programmes in order to inform , entertain or educate . the principal purpose requirement should be also considered to be met if the service has audiovisual content and form which is dissociable from the main activity of the service provider , such as stand - alone parts of online newspapers featuring audiovisual programmes or user - generated videos where those parts can be considered dissociable from their main activity . social media services are not included , except if they provide a service that falls under the definition of a video - sharing platform . a service should be considered to be merely an indissociable complement to the main activity as a result of the links between the audiovisual offer and the main activity . as such , channels or any other audiovisual services under the editorial responsibility of a provider may constitute audiovisual media services in themselves , even if they are offered in the framework of a video - sharing platform which is characterised by the absence of editorial responsibility . in such cases , it will be up to the providers with editorial responsibility to abide by the provisions of this directive . ### directive 2010 / 13 / eu should remain applicable only to those services the principal purpose of which is the provision of programmes in order to inform , entertain or educate . the principal purpose requirement should be also considered to be met when a video subsection of a media service is independent from the rest of the service and not indissociably complementary4a . as social media services represent an important access point to information for consumers and rely increasingly on audiovisual content generated or made available by their users , it is necessary to include them within this directive when their services meet the criterias defining a video - sharing platform . a service should be considered to be merely an indissociable complement to the main activity as a result of the links between the audiovisual offer and the main activity . as such , channels or any other audiovisual services under the editorial responsibility of a provider may constitute audiovisual media services in themselves , even if they are offered in the framework of a video - sharing platform which is characterised by the absence of editorial responsibility . in such cases , it will be up to the providers with editorial responsibility to abide by the provisions of this directive . __________________ 4a judgment of the court of justice of 21 october 2015 , new media online gmbh v bundeskommunikationssenat , c - 347 / 14 , ecli : eu : c : 2015 : 709 .


### defining and applying in the terms and conditions of the video - sharing platform providers the concepts of incitement to violence or hatred as referred to in point of paragraph 1 and of content which may impair the physical , mental or moral development of minors , in accordance with articles 6 and 12 respectively ; ### defining and applying the rights and duties of users in the terms and conditions of the video - sharing platform providers with regard to incitement to violence or hatred as referred to in point of paragraph 1 and of content which may impair the physical or mental development of minors , in accordance with articles 6 and 12 respectively ;


### establishing jurisdiction requires an assessment of factual situations against the criteria laid down in directive 2010 / 13 / eu . the assessment of such factual situations might lead to conflicting results . in the application of the cooperation procedures provided for in articles 3 and 4 of directive 2010 / 13 / eu , it is important that the commission can base its findings on reliable facts . the european regulators group for audiovisual media services should therefore be empowered to provide opinions on jurisdiction upon the commission ' s request . ### establishing jurisdiction requires an assessment of factual situations against the criteria laid down in directive 2010 / 13 / eu . the assessment of such factual situations might lead to conflicting results . in the application of the cooperation procedures provided for in articles 3 and 4 of directive 2010 / 13 / eu , it is important that the commission can base its findings on reliable facts . the european regulators group for audiovisual media services should therefore be empowered to provide opinions , in conjunction with national regulatory authorities , on jurisdiction upon the commission ' s request .


### it is appropriate to involve the video - sharing platform providers as much as possible when implementing the appropriate measures to be taken pursuant to this directive . co - regulation should therefore be encouraged . with a view to ensuring a clear and consistent approach in this regard across the union , member states should not be entitled to require video - sharing platform providers to take stricter measures to protect minors from harmful content and all citizens from content containing incitement to violence or hatred than the ones provided for in this directive . however , it should remain possible for member states to take such stricter measures where that content is illegal , provided that they comply with articles 14 and 15 of directive 2000 / 31 / ec , and to take measures with respect to content on websites containing or disseminating child pornography , as required by and allowed under article 25 of directive 2011 / 93 / eu of the european parliament and the council35 . it should also remain possible for video - sharing platform providers to take stricter measures on a voluntary basis . __________________ 35 directive 2011 / 93 / eu of the european parliament and of the council of 13 december 2011 on combating the sexual abuse and sexual exploitation of children and child pornography , and replacing council framework decision 2004 / 68 / jha . ### it is appropriate to involve relevant stakeholders including civil society organisations and the video - sharing platform providers as much as possible when implementing the appropriate measures to be taken pursuant to this directive . co - regulation , that is transparent and accountable , should therefore be encouraged . with a view to ensuring a clear and consistent approach in this regard across the union , member states should not be entitled to require video - sharing platform providers to take stricter measures to protect minors from harmful content and all citizens from content containing incitement to violence or hatred than the ones provided for in this directive . however , it should also remain possible for video - sharing platform providers to take stricter measures on a voluntary basis . __________________


### to provide for an exchange of experience and good practice as to the application of the regulatory framework for audiovisual media services ; ### to provide for guidelines and an exchange of experience and good practice as to the application of the regulatory framework for audiovisual media services ;


### an important share of the content stored on video - sharing platforms is not under the editorial responsibility of the video - sharing platform provider . however , those providers typically determine the organisation of the content , namely programmes or user - generated videos , including by automatic means or algorithms . therefore , those providers should be required to take appropriate measures to protect minors from content that may impair their physical , mental or moral development and protect all citizens from incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex , race , colour , religion , descent or national or ethnic origin . ### an important share of the content stored on video - sharing platforms is not under the editorial responsibility of the video - sharing platform provider . therefore , those providers should be required to take appropriate measures to protect minors from content that may impair their physical , mental or moral development .


### video - sharing platform providers or , where applicable , the organisations representing those providers in this respect shall submit to the commission draft union codes of conduct and amendments to existing union codes of conduct . the commission may request erga to give an opinion on the drafts , amendments or extensions of those codes of conduct . the commission may give appropriate publicity to those codes of conduct . ### video - sharing platform providers or , where applicable , the organisations representing those providers in this respect shall submit to the commission draft voluntary union codes of conduct and amendments to existing voluntary union codes of conduct . the commission may request erga to give an opinion on the drafts , amendments or extensions of those codes of conduct . the commission may give appropriate publicity to those codes of conduct .


### what constitutes an appropriate measure for the purposes of paragraph 1 shall be determined in light of the nature of the content in question , the harm it may cause , the characteristics of the category of persons to be protected as well as the rights and legitimate interests at stake , including those of the video - sharing platform providers and the users having created and / or uploaded the content as well as the public interest . ### what constitutes an appropriate measure for the purposes of paragraph 1 shall be determined in light of actions taken upon valid and adequately substantiated notifications , the nature of the content in question , the harm it may cause , the characteristics of the category of persons to be protected as well as the rights and legitimate interests at stake , including those of the video - sharing platform providers and the users having created and / or uploaded the content as well as the public interest , the protection of freedom of expression and information .


### for the purposes of the implementation of the measures referred to in paragraphs 1 and 2 , member states shall encourage co - regulation as provided for in article 4 . ### for the purposes of the implementation of the measures referred to in paragraphs 1 and 2 , the commission shall encourage co - regulation as provided for in article 4 , through the adoption of guidelines ensuring that codes of conduct comply with the provisions of this directive and fully respect the obligations set out in the charter of fundamental rights , in particular article 52 thereof .


### it is appropriate to involve the video - sharing platform providers as much as possible when implementing the appropriate measures to be taken pursuant to this directive . co - regulation should therefore be encouraged . with a view to ensuring a clear and consistent approach in this regard across the union , member states should not be entitled to require video - sharing platform providers to take stricter measures to protect minors from harmful content and all citizens from content containing incitement to violence or hatred than the ones provided for in this directive . however , it should remain possible for member states to take such stricter measures where that content is illegal , provided that they comply with articles 14 and 15 of directive 2000 / 31 / ec , and to take measures with respect to content on websites containing or disseminating child pornography , as required by and allowed under article 25 of directive 2011 / 93 / eu of the european parliament and the council35 . it should also remain possible for video - sharing platform providers to take stricter measures on a voluntary basis . __________________ 35 directive 2011 / 93 / eu of the european parliament and of the council of 13 december 2011 on combating the sexual abuse and sexual exploitation of children and child pornography , and replacing council framework decision 2004 / 68 / jha . ### it is appropriate to involve relevant stakeholders , including civil society organisations , and the video - sharing platform providers as much as possible when implementing the appropriate measures to be taken pursuant to this directive . transparent and accountable co - regulation should therefore be encouraged . with a view to ensuring a clear and consistent approach in this regard across the union , member states should not be entitled to require video - sharing platform providers to take stricter measures to protect minors from harmful content and all citizens from content containing incitement to violence or hatred than the ones provided for in this directive . however , it should remain possible for member states to take such stricter measures where that content is illegal , provided that they comply with articles 14 and 15 of directive 2000 / 31 / ec , and to take measures with respect to content on websites containing or disseminating child pornography , as required by and allowed under article 25 of directive 2011 / 93 / eu of the european parliament and the council35 . it should also remain possible for video - sharing platform providers to take stricter measures on a voluntary basis . __________________ 35 directive 2011 / 93 / eu of the european parliament and of the council of 13 december 2011 on combating the sexual abuse and sexual exploitation of children and child pornography , and replacing council framework decision 2004 / 68 / jha .