REPORT on the proposal for a directive of the European Parliament and of the Council 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) (codified version)
8.10.2009 - (COM(2009)0185 – C7‑0041/2009 – 2009/0056(COD)) - ***I
Committee on Legal Affairs
Rapporteur: Lidia Joanna Geringer de Oedenberg
(Codification – Rule 86 of the Rules of Procedure)
DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
on the proposal for a directive of the European Parliament and of the Council 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) (codified version)
(COM(2009)0185 – C7‑0041/2009 – 2009/0056(COD))
(Codecision procedure – codification)
The European Parliament,
– having regard to the Commission proposal to the European Parliament and the Council (COM(2009)0185),
– having regard to Article 251(2) and Articles 47(2) and 55 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C7‑0041/2009),
– having regard to the Interinstitutional Agreement of 20 December 1994 – Accelerated working method for official codification of legislative texts[1],
– having regard to Rules 86 and 55 of its Rules of Procedure,
– having regard to the report of the Committee on Legal Affairs (A7‑0029/2009),
A. whereas, according to the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission, the proposal in question contains a straightforward codification of the existing texts without any change in their substance,
1. Approves the Commission proposal as adapted to the recommendations of the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission;
2. Instructs its President to forward its position to the Council and the Commission.
- [1] OJ C 102, 4.4.1996, p. 2.
ANNEX: OPINION OF THE CONSULTATIVE WORKING PARTY OF THE LEGAL SERVICES OF THE EUROPEAN PARLIAMENT, THE COUNCIL AND THE COMMISSION
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CONSULTATIVE WORKING PARTY OF THE LEGAL SERVICES |
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Brussels, 22 June 2009
OPINION
FOR THE ATTENTION OF THE EUROPEAN PARLIAMENT
THE COUNCIL
THE COMMISSION
Proposal for a directive of the European Parliament and of the Council on Proposal for a Directive of the European Parliament and of the Council 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) (codified version)
COM(2009)185 of 21.4.2009 – 2009/0056(COD)
Having regard to the Inter-institutional Agreement of 20 December 1994 on an accelerated working method for official codification of legislative texts, and in particular to point 4 thereof, the Consultative Working Party, consisting of the respective legal services of the European Parliament, the Council and the Commission, met on 29 April 2009 for the purpose of examining, among others, the aforementioned proposal submitted by the Commission.
At that meeting[1], an examination of the proposal for a directive of the European Parliament and of the Council codifying 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 (Audiovisual Media Services Directive) resulted in the Consultative Working Party’s establishing, by common accord, as follows.
1) In recital 1, the text of footnote no. 7 should be replaced by the following text: "OJ L 298, 17.10.1989, p. 23. The original title of the act was "Council Directive 89/552/EEC of 3 October 1989 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities"".
2) It was acknowledged that a mistake occurred in the preamble to the English language version of the codification proposal, in which the indication "(2)" erroneously appears as a recital number preceding another indication that should have appeared in a reference box. As a consequence thereof, recitals 2 to 105 were erroneously numbered 3 to 106. The numbering of recitals should therefore be corrected in the English language version of the proposal.
3) In recital 36 (to be renumbered 35), the word "broadcaster" should be replaced by the expression "media service provider".
4) The text of recital 44 should be inserted between recital 37 (to be renumbered 36) and recital 38 (that should maintain the same number).
5) In Annex I, Part A, the indication "Directive 89/552/EEC of the European Parliament and of the Council" should be adapted so as to read "Council Directive 89/552/EEC".
In consequence, examination of the proposal has enabled the Consultative Working Party to conclude, without dissent, that the proposal is a straightforward codification of existing texts, without any change in their substance.
C. PENNERA J.-C. PIRIS L. ROMERO
Jurisconsult Jurisconsult Director General
- [1] The Consultative Working Party had at its disposal 22 language versions of the proposal and worked on the basis of the English version, being the master-copy language version of the text under discussion.
PROCEDURE
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Title |
Provision of audiovisual media services (codified version) |
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References |
COM(2009)0185 – C7-0041/2009 – 2009/0056(COD) |
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Date submitted to Parliament |
21.4.2009 |
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Committee responsible Date announced in plenary |
JURI 14.7.2009 |
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Rapporteur(s) Date appointed |
Lidia Joanna Geringer de Oedenberg 2.9.2009 |
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Date adopted |
6.10.2009 |
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