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European Media Freedom Act
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EMFA

EMFA Article 13. 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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