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European Board for Media Services
1. The European Board for Media Services (the ‘Board’) is hereby established. 2. The Board shall replace and succeed the European Regulators Group for Audiovisual Media Services (ERGA) established by Article 30b of Directive 2010/13/EU.
Independence of the Board
The Board shall act in full independence when performing its tasks or exercising its powers. In particular, the Board shall, in the performance of its tasks or the exercise of its powers, neither seek nor take instructions from any government, institution, person or body. This shall not affect the competences of the Commission or the national regulatory authorities or bodies in accordance with this Regulation.
Structure of the Board
1. The Board shall be composed of representatives of national regulatory authorities or bodies. 2. Each member of the Board shall have one vote. 3. The Board shall take decisions by a two-thirds majority of its members with voting rights. 4. Where a Member State has more than one national regulatory authority or body, those national regulatory authorities or bodies shall coordinate with each other as necessary and appoint a joint representative. The joint representative shall exercise the right to vote. 5. The Board shall elect a Chair and a Vice-Chair from amongst its members. The term of office of the Chair shall be one year, renewable once. The Board may set up a Steering Group. The Board shall be represented by its Chair. 6. The Commission shall designate a representative to the Board. The representative of the Commission shall participate in the deliberations of the Board, without voting rights. The Chair of the Board shall keep the Commission informed about the activities of the Board. 7. The Board may invite experts and, in agreement with the Commission, permanent observers to attend its meetings. 8. The Board shall adopt its rules of procedure, in consultation with the Commission. Those rules of procedure shall include the arrangements for the prevention and management of conflicts of interest of the members of the Board.
Secretariat of the Board
1. The Board shall be assisted by a secretariat. The Commission shall provide the secretariat, taking into account the needs indicated by the Board. The secretariat shall be adequately resourced for the performance of its tasks. 2. The main task of the secretariat shall be to contribute to the independent execution of the tasks of the Board laid down in this Regulation and in Directive 2010/13/EU. The secretariat shall act on the sole instructions of the Board regarding its tasks under this Regulation. 3. The secretariat shall provide administrative and organisational support to the Board with regard to its activities. The secretariat shall also assist the Board substantively in carrying out its tasks.
Consultation mechanism
1. Where the Board considers matters beyond the audiovisual media sector, it shall consult representatives from the relevant media sectors operating at Union or national level. 2. The Board shall, in its rules of procedure, set out the arrangements for conducting consultations as referred to in paragraph 1. Such arrangements shall ensure that it is possible to involve several representatives, as appropriate. 3. Where possible, the Board shall make the results of consultations as referred to in paragraph 1 publicly available.
Tasks of the Board
1. Without prejudice to the powers granted to the Commission by the Treaties, the Board shall advise and support the Commission on matters related to media services within the Board’s competence and promote the consistent and effective application of this Chapter and the implementation of Directive 2010/13/EU throughout the Union. The Board shall therefore: (a) provide technical expertise to the Commission with regard to its task of ensuring the consistent and effective application of this Chapter and the implementation of Directive 2010/13/EU across all Member States, without prejudice to the tasks of national regulatory authorities or bodies; (b) promote cooperation and the effective exchange of information, experience and best practices between the national regulatory authorities or bodies on the application of the Union and national rules applicable to media services, including this Regulation and Directive 2010/13/EU, in particular as regards Articles 3, 4 and 7 of that Directive; (c) when requested by the Commission, provide opinions on the technical and factual issues that arise with regard to Article 2(5c), Article 3(2) and (3), Article 4(4), point (c), and Article 28a(7) of Directive 2010/13/EU; (d) in consultation with the Commission, draw up opinions with respect to: (i) requests for cooperation between national regulatory authorities or bodies, in accordance with Article 14(5) of this Regulation; (ii) requests for enforcement measures in the event of disagreement between the requesting authority or body and the requested authority or body, including recommended actions, pursuant to Article 15(3) of this Regulation; (iii) national measures concerning media services from outside the Union, in accordance with Article 17(2) of this Regulation; (e) at the request of a media service provider with which a provider of a very large online platform has engaged in a dialogue as referred to in Article 18(6) of this Regulation, draw up opinions on the outcome of such a dialogue; (f) on its own initiative, at the request of the Commission or upon a duly justified and reasoned request of a media service provider that is individually and directly affected, draw up opinions with respect to regulatory or administrative measures which are likely to significantly affect the operation of media service providers in the internal market for media services, in accordance with Article 21(4) of this Regulation; (g) draw up opinions on draft assessments or draft opinions of national regulatory authorities or bodies, in accordance with Article 22(5) of this Regulation; (h) on its own initiative or at the request of the Commission, draw up opinions with respect to media market concentrations which are likely to affect the functioning of the internal market for media services, in accordance with Article 23(1) of this Regulation; (i) assist the Commission in drawing up guidelines with respect to: (i) the application of this Regulation and the implementation of Directive 2010/13/EU, in accordance with Article 16(2) of this Regulation; (ii) the elements referred to in Article 22(2), points (a), (b) and (c), of this Regulation, in accordance with paragraph (3) of that Article; (iii) the application of Article 24(1), (2) and (3) of this Regulation pursuant to paragraph (4) of that Article; (j) at the request of at least one of the national regulatory authorities or bodies concerned, mediate in the event of disagreements between national regulatory authorities or bodies, in accordance with Article 15(3) of this Regulation; (k) foster cooperation on harmonised standards related to the design of devices or user interfaces or to digital signals carried by such devices, in accordance with Article 20(5) of this Regulation; (l) coordinate relevant measures by the national regulatory authorities or bodies concerned related to the dissemination of or access to content of media services from outside of the Union that target or reach audiences in the Union, where such media services prejudice or present a serious and grave risk of prejudice to public security, in accordance with Article 17(1) of this Regulation, and develop, in consultation with the Commission, a set of criteria as referred to in paragraph 4 of that Article; (m) organise a structured dialogue between providers of very large online platforms and representatives of media service providers and of civil society, and report on the results of such a dialogue to the Commission, in accordance with Article 19 of this Regulation; (n) foster the exchange of best practices related to the deployment of audience measurement systems, in accordance with Article 24(5) of this Regulation; (o) exchange experience and best practices on media literacy, including to foster the development and use of effective measures and tools to strengthen media literacy; (p) draw up a detailed annual report on its activities and tasks. The Board shall make the detailed annual report referred to in point (p) of the first subparagraph publicly available. When invited to do so, the Chair shall present that report to the European Parliament. 2. Where the Commission requests advice or opinions from the Board, it may indicate a time limit, unless otherwise provided for in Union law, taking into account the urgency of the matter. 3. The Board shall forward its deliverables to the contact committee established by Article 29(1) of Directive 2010/13/EU (the ‘contact committee’).
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Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.