Structured cooperation
1. A national regulatory authority or body (the ‘requesting authority’) may at any time request one or more other national regulatory authorities or bodies (the ‘requested authorities’) to cooperate with it, including by exchanging information or by means of mutual assistance, for the consistent and effective application of this Chapter or the implementation of Directive 2010/13/EU.
2. A request for cooperation shall contain all the necessary information related to it, including the purpose of and reasons for the request for cooperation.
3. The requested authority may refuse to address a request for cooperation only in the following cases:
(a)
it is not competent with regard to the subject matter of the request for cooperation or to provide the type of cooperation requested;
(b)
the execution of the request for cooperation would infringe this Regulation, Directive 2010/13/EU or other Union law or national law which complies with Union law and to which the requested authority is subject;
(c)
the scope or the subject matter of the request for cooperation has not been duly justified or is disproportionate.
The requested authority shall, without undue delay, provide the reasons for any refusal to address a request for cooperation. Where the requested authority has refused a request for cooperation under point (a) of the first subparagraph, it shall, where possible, indicate the competent authority.
4. The requested authority shall do its utmost to address and reply to a request for cooperation without undue delay and provide regular updates on the progress made in executing that request.
5. Where the requesting authority considers that the requested authority has not sufficiently addressed or replied to its request for cooperation, it shall inform the requested authority without undue delay, explaining the reasons for its position. Where the requesting authority and the requested authority do not come to an agreement concerning the request for cooperation, either authority may refer the matter to the Board. In accordance with timelines to be established by the Board in its rules of procedure, the Board shall issue, in consultation with the Commission, an opinion on the matter, including recommended actions. The authorities concerned shall do their utmost to take into account the opinion of the Board.
6. Where a requesting authority considers that there is a serious and grave risk of limitation of the freedom to provide or receive media services in the internal market or a serious and grave risk of prejudice to public security, it may submit a request to a requested authority to provide accelerated cooperation, while ensuring compliance with fundamental rights, in particular the freedom of expression, including for the purpose of ensuring the effective application of national measures referred to in Article 3 of Directive 2010/13/EU. The requested authority shall reply to and do its utmost to address requests for accelerated cooperation within 14 calendar days.
Paragraphs 2, 3 and 5 of this Article shall apply mutatis mutandis to requests for accelerated cooperation.
7. The Board shall set out in its rules of procedure further details on the procedure for structured cooperation as referred to in this Article.
Requests for enforcement of obligations of video-sharing platform providers
1. Without prejudice to Article 3 of Directive 2000/31/EC, a requesting authority may submit a duly justified request to a requested authority which is competent for the subject matter of the request to take necessary and proportionate actions for the effective enforcement of the obligations imposed on video-sharing platform providers under Article 28b(1), (2) and (3) of Directive 2010/13/EU.
2. The requested authority shall inform the requesting authority, without undue delay, of the actions it has taken or plans to take, or about the reasons for which actions were not taken, pursuant to a request for enforcement under paragraph 1. The Board shall establish the timelines for that purpose in its rules of procedure.
3. In the event of a disagreement between the requesting authority and the requested authority regarding actions taken or planned to be taken or a lack of actions following a request for enforcement under paragraph 1, either authority may refer the matter to the Board for mediation with a view to finding an amicable solution.
Where no amicable solution is found following mediation by the Board, the requesting authority or the requested authority may request the Board to issue an opinion on the matter. In its opinion, the Board shall assess whether the request for enforcement under paragraph 1 has been sufficiently addressed. Where the Board considers that the requested authority has not sufficiently addressed the request for enforcement, the Board shall recommend actions to address the request. The Board shall issue its opinion, in consultation with the Commission, without undue delay.
4. Following receipt of an opinion as referred to in paragraph 3, second subparagraph, the requested authority shall, without undue delay and within timelines to be established by the Board in its rules of procedure, inform the Board, the Commission and the requesting authority of the actions taken or planned to be taken in relation to the opinion.
Guidance on media regulation matters
1. The Board shall foster the exchange of best practices among the national regulatory authorities or bodies, consulting stakeholders where appropriate, on regulatory, technical or practical aspects relevant to the consistent and effective application of this Chapter and the implementation of Directive 2010/13/EU.
2. Where the Commission issues guidelines related to the application of this Regulation or the implementation of Directive 2010/13/EU, the Board shall assist it by providing expertise on regulatory, technical or practical aspects, in particular as regards:
(a)
the appropriate prominence of audiovisual media services of general interest under Article 7a of Directive 2010/13/EU;
(b)
making information accessible on the ownership structure of media service providers, as provided for by Article 5(2) of Directive 2010/13/EU and Article 6(1) of this Regulation.
Where the Commission issues guidelines related to the implementation of Directive 2010/13/EU, it shall consult the contact committee.
3. Where the Commission issues an opinion on a matter related to the application of this Regulation or the implementation of Directive 2010/13/EU, the Board shall assist the Commission.
Coordination of measures concerning media services from outside the Union
1. Without prejudice to Article 3 of Directive 2010/13/EU, the Board shall, at the request of the national regulatory authorities or bodies from at least two Member States, coordinate relevant measures by the national regulatory authorities or bodies concerned related to the dissemination of or access to media services originating from outside the Union or provided by media service providers established outside the Union that, irrespective of their means of distribution or access, target or reach audiences in the Union where, inter alia, in view of the control that could be exercised by third countries over them, such media services prejudice or present a serious and grave risk of prejudice to public security.
2. The Board, in consultation with the Commission, may issue opinions on appropriate measures as referred to in paragraph 1. Without prejudice to their powers under national law, the competent national authorities concerned, including the national regulatory authorities or bodies, shall do their utmost to take into account the opinions of the Board.
3. Member States shall ensure that the national regulatory authorities or bodies concerned are not precluded from taking into account an opinion issued by the Board under paragraph 2 when considering taking measures as referred to in paragraph 1 against a media service provider.
4. The Board, in consultation with the Commission, shall develop a set of criteria for the use of national regulatory authorities or bodies when they exercise their regulatory powers over media service providers as referred to in paragraph 1. National regulatory authorities or bodies shall do their utmost to take those criteria into account.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
