Message 002
Communication from the Commission - TRIS/(2020) 00328
Directive (EU) 2015/1535
Translation of the message 001
Notification: 2020/0026/D
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: 202000328.EN)
1. MSG 002 IND 2020 0026 D EN 24-01-2020 D NOTIF
2. D
3A. Bundesministerium für Wirtschaft und Energie, Referat E C 2, 11019 Berlin,
Tel.: 0049-30-2014-6353, E-Mail: infonorm@bmwi.bund.de
3B. Staatskanzlei des Landes Rheinland-Pfalz, Referat 241, 55028 Mainz, Tel.: 0049-6131-16-4711, Fax: 0049-6131-16-4721 E-Mail: medienreferat@stk.rlp.de
4. 2020/0026/D - SERV30
5. Article 1, Sections 1, 2, 18, 19, 22, 74, 78 to 96, 117, paragraph 1, sentence 2, subparagraphs 2, 16, 21 to 44 and Article 2 of the draft State Treaty on the modernisation of media legislation in Germany
6. The regulations are related to telemedia. Telemedia are all electronic information and communication services unless they are telecommunications services as per Section 3, subparagraph 24 of the Telecommunications Act which wholly involve the transmission of signals via telecommunications networks, or are telecommunications-supported services pursuant to Section 3, subparagraph 25 of the Telecommunications Act or radio broadcasting as per Article 2, Section 1, sentences 1 and 2 of the draft State Media Treaty [Medienstaatsvertrag – MStV].
7. -
8. Articles 1 and 2 of the ‘State Treaty on the modernisation of media legislation in Germany’ will replace the previous State Treaty on radio broadcasting with a State Media Treaty. In addition to adjustments to the previous structure of the State Treaty on radio broadcasting, the State Media Treaty contains requirements which are media-specific and which secure pluralism in the notified individual regulations for gatekeepers (e.g. search engines, smart TVs, voice assistants, app stores, social media). These services are accounted for as media platforms, user interfaces or media intermediaries. With regard to the requirements for free individual and public opinion formation, transparency requirements for political advertising and social media are also expanded or introduced. Telemedia particularly relevant to opinion (which regularly contains news or political information as content) are obliged to comply with journalistic standards.
Further regulations of the draft State Treaty also include the requirements of Directive 2018/1808/EU of the European Parliament and of the Council of 14 November 2018 amending Council 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.
9. In addition to implementing the guidelines, the draft State Treaty serves to further develop media legislation in Germany and implements existing agreements between the federal government and the states. The German media legislator is thus reacting to fundamental changes in the media landscape, in particular to the increasing importance of certain services (gatekeepers) for finding and accessing media offerings. The aim of the State Treaty is the media-specific further development of a legal framework that preserves pluralism and promotes diversity.
10. Reference(s) to basic text(s): State Treaty on radio broadcasting as amended by the Ninth State Treaty amending State Treaties on broadcasting law (reference text of Notification No 2005/642/D), amended by Article 1 of the Tenth State Treaty amending State Treaties on broadcasting law (does not contain a significant change to the already notified regulation), Article 1 of the Twelfth State Treaty amending State Treaties on broadcasting law (does not contain a significant change to the already notified regulation), Article 1 of the Thirteenth State Treaty amending State Treaties on broadcasting law (this State Treaty also implements 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 and does not contain a substantial change to the already notified regulation), Article 3 of the Fifteenth State Treaty amending State Treaties on broadcasting law (does not contain a significant change to the already notified regulation), Article 2 of the Sixteenth State Treaty amending State Treaties on broadcasting law (does not contain a significant change for the already notified provision), Article 1 of the Eighteenth State Treaty amending State Treaties on broadcasting law (does not contain a significant change for the already notified regulation), Article 1 of the Nineteenth State Treaty amending State Treaties on broadcasting law (does not contain a significant change for the already notified regulation), Article 1 of the Twentieth State Treaty amending State Treaties on broadcasting law (does not contain a significant change for the already notified regulation), Article 1 of the Twenty-First State Treaty amending State Treaties on broadcasting law (does not contain a significant change for the already notified regulation), Article 1 of the Twenty-Second State Treaty amending State Treaties on broadcasting law (does not contain a significant change for the already notified regulation), Article 1 of the State Treaty on the modernisation of media legislation in Germany (this State Treaty also serves to implement Directive 2018/1808/EU of the European Parliament and the Council of 14 November 2018 amending Council 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; reference text provided in the Annex).
The basic texts were forwarded with an earlier notification: 2005/642/D
11. No
12. -
13. No
14. No
15. No impact assessment shall be made in the process of concluding a State Treaty.
16. TBT aspect
No - the draft is neither a technical regulation nor a conformity assessment.
SPS aspect
No - the draft is neither a sanitary nor phytosanitary measure
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European Commission
Contact point Directive (EU) 2015/1535
Fax: +32 229 98043
email: grow-dir2015-1535-central@ec.europa.eu
