Notification Detail

Draft Order on programming services based on registration

Notification Number: 2020/199/DK (Denmark )
Date received: 06/04/2020
End of Standstill: 07/07/2020

Issue of comments by: Commission
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Message 002

Communication from the Commission - TRIS/(2020) 01201
Directive (EU) 2015/1535
Translation of the message 001
Notification: 2020/0199/DK

No abre el plazo - Nezahajuje odklady - Fristerne indledes ikke - Kein Fristbeginn - Viivituste perioodi ei avata - Καμμία έναρξη προθεσμίας - Does not open the delays - N'ouvre pas de délais - Non fa decorrere la mora - Neietekmē atlikšanu - Atidėjimai nepradedami - Nem nyitja meg a késéseket - Ma’ jiftaħx il-perijodi ta’ dawmien - Geen termijnbegin - Nie otwiera opóźnień - Não inicia o prazo - Neotvorí oneskorenia - Ne uvaja zamud - Määräaika ei ala tästä - Inleder ingen frist - Не се предвижда период на прекъсване - Nu deschide perioadele de stagnare - Nu deschide perioadele de stagnare.

(MSG: 202001201.EN)

1. Structured Information Line
MSG 002 IND 2020 0199 DK EN 06-04-2020 DK NOTIF


2. Member State
DK


3. Department Responsible
Erhvervsstyrelsen
Langelinie Allé 17
2100 København Ø
Danmark


3. Originating Department
Kulturministeriet
Nybrogade 2
1203 København K
Danmark


4. Notification Number
2020/0199/DK - SERV30


5. Title
Draft Order on programming services based on registration


6. Products Concerned
On-demand audiovisual media services covered by Directive (EU) 2018/1808 of the European Parliament and of the Council of 14 November 2018 amending Directive 2010/13/EU on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) in view of changing market realities (hereinafter: AVMS Directive).


7. Notification Under Another Act
-


8. Main Content
On 18 November 2019, within the framework of the notification procedure under Directive (EU) 2015/1535, the Danish authorities notified the bill to amend the Broadcasting Act and the Film Act (Implementation of the Audiovisual Media Services Directive, etc.), cf. Notification 2019/566/DK. The bill has been tabled for the Folketinget (the Danish Parliament), but has not been finalised by the Folketinget. On 18 February 2020, the Danish authorities received the comments from the European Commission in accordance with Article 5(2) of Directive (EU) 2015/1535. On 1 April 2020, the Danish authorities responded to the comments from the European Commission.

The reason for submitting the notification is, among other aspects, the fact that the bill, as far as introducing an obligation for providers of on-demand audiovisual media services to register with the Danish supervisory authority for radio and television, the Radio and Television Board, is concerned, is subject to the consultation procedure under the Information Procedure Directive.

The detailed rules governing the registration of providers of on-demand audiovisual media services falling the purview of the Danish authorities are to be laid down in an order based on the Broadcasting Act, cf. Order No 248 of 16 March 2019 and the amendment to the Act, which is proposed to be implemented by the previously notified bill to amend the Broadcasting Act and the Film Act (Implementation of the Audiovisual Media Services Directive, etc.).

It is envisaged that the rules be laid down in the Order on programming services based on registration, in the following provisions of the Order:

Chapter 1 (§ 1(6)), Chapter 2 (§ 6(3)-(5), and §§ 7 and 8), Chapter 5 (§§ 19-20 and § 22) and Chapter 6 (§ 23(3)).


9. Brief Statement of Grounds
The Radio and Television Board is currently the supervisory body for the regulation by the broadcasting legislation of television and on-demand audiovisual media services, including in relation to the requirements that stem from the AVMS Directive (cf. the Broadcasting Act and orders enacted pursuant to the Act). The previously notified bill (cf. Notification 2019/566/DK) proposes that the Radio and Television Board, as a result of the new requirements of the AVMS Directive, be given additional supervisory tasks in relation to television and on-demand audiovisual media services - regarding, among other aspects, the availability of programmes for persons with disabilities and the suitability of programmes for minors on on-demand audiovisual media services and television.

Providers of linear television programming services are obliged to register with the Radio and Television Board in accordance with the applicable rules in the Broadcasting Act. Specific rules on this registration are laid down in Order No 697 of 8 June 2016 on programming services based on registration as well as on-demand audiovisual programming services. Providers of on-demand audiovisual media services are not subject to the requirement to register with the Radio and Television Board.

The purpose of the proposed obligation for providers of on-demand audiovisual services under the purview of the Danish authorities to register with the Radio and Television Board in the future is to provide a better basis for identifying the providers that are subject to regulation of the services - including the new requirements resulting from the AVMS Directive - and thus for the Radio and Television Board’s supervision of services. Another intention is that a registration obligation makes the relevant providers more aware than they are currently of the regulation to which they are subject.

Parallel to the proposed registration requirement for on-demand audiovisual media services, it is proposed
that an obligation for providers of video-sharing platform services under the purview of Danish authorities to register with the Radio and Television Board also be introduced. Reference is made to the separate notification of the draft Order on video-sharing platform services, which proposes the detailed rules for this registration.


10. Reference Documents - Basic Texts
Reference(s) to the basic text(s): The detailed rules on the obligation for providers of on-demand audiovisual services to register with the Radio and Television Board, which are proposed to be laid down in the draft Order on programming services based on registration, are to be laid down on the basis of the Broadcasting Act, cf. Order No 248 of 16 March 2019, and the amendment to the Act, which is proposed implemented by the previously notified bill to amend the Broadcasting Act and the Film Act (implementation of the Audiovisual Media Services Directive, etc.), cf. Notification 2019/566/DK.


11. Invocation of the Emergency Procedure
No


12. Grounds for the Emergency
-


13. Confidentiality
No


14. Fiscal measures
No


15. Impact assessment
See point 9.


16. TBT and SPS aspects
WTO aspect

No — the draft has no significant impact on international trade.

SPS aspect

No — the draft has no significant impact on international trade.

No — the draft is neither a sanitary nor phytosanitary measure.

**********
European Commission

Contact point Directive (EU) 2015/1535
Fax: +32 229 98043
email: grow-dir2015-1535-central@ec.europa.eu

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