Data & Privacy
- Data Act
- Data Governance Act
- ePrivacy Directive
- GDPR
AI & Trust
- Artificial Intelligence Act
Cybersecurity
- Cybersecurity Act
- DORA
- NIS2
Digital Services & Media
- Digital Markets Act
- Digital Services Act
- European Media Freedom Act
European Media Freedom Act
- Recitals
CHAPTER I
GENERAL PROVISIONSArticles 1 — 2
CHAPTER II
RIGHTS AND DUTIES OF MEDIA SERVICE PROVIDERS AND RECIPIENTS OF MEDIA SERVICESArticles 3 — 6
CHAPTER III
FRAMEWORK FOR REGULATORY COOPERATION AND A WELL-FUNCTIONING INTERNAL MARKET FOR MEDIA SERVICESArticles 7 — 25
CHAPTER IV
FINAL PROVISIONSArticles 26 — 29
EMFA Article 14. 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.
Relevant Recitals for this Article
Regulatory cooperation between independent media regulatory authorities or bodies is essential to making the internal market for media services function properly. However, Directive 2010/13/EU does not provide for a structured cooperation framework for national regulatory authorities or bodies. Since the revision of the Union framework for audiovisual media services by means of Directive (EU) 2018/1808 of the European Parliament and of the Council , which extended its scope to video-sharing platforms, there has been an ever-increasing need for close cooperation among national regulatory authorities or bodies, in particular to resolve cross-border cases. Such a need is also justified in view of the new challenges in the Union media environment that this Regulation seeks to address, including by entrusting national regulatory authorities or bodies with new tasks.
Aware of those challenges and in order to respond to the need for closer cooperation in the field of audiovisual media services, in 2020, ERGA agreed on a Memorandum of Understanding which set out non-binding mechanisms for cross-border cooperation to strengthen the application of Union rules relevant for audiovisual media services and video-sharing platform services. Building on that voluntary framework and in order to ensure the effective enforcement of Union media law, to avoid the raising of additional barriers in the internal market for media services and to prevent the possible circumvention of the applicable rules by rogue media service providers, it is essential to provide for a clear, legally binding framework for national regulatory authorities or bodies to cooperate effectively and efficiently with one another within the established legal framework. Such a framework is crucial for upholding the country of origin principle, which is a cornerstone of Directive 2010/13/EU, and for ensuring that national regulatory authorities or bodies are able to exercise oversight over relevant media service providers. The objective should be to ensure the consistent and effective application of this Regulation and the implementation of Directive 2010/13/EU, for instance by ensuring a smooth exchange of information between national regulatory authorities or bodies or enabling queries related to jurisdiction issues to be quickly addressed. Where national regulatory authorities or bodies exchange information, all relevant Union and national law on the exchange of information, including relevant data protection law, should be respected. Such cooperation and, in particular accelerated cooperation is of key relevance to support actions to protecting the internal market from rogue media service providers, while ensuring compliance with fundamental rights, in particular the freedom of expression. In particular, accelerated cooperation is needed to prevent media services which have been suspended in certain Member States under Article 3(3) and (5) of Directive 2010/13/EU from continuing to be provided via satellite or other means in those Member States and thus to contribute, in compliance with Union law, to the ‘effet utile’ of the relevant national measures. The opinions of the Board will be important for the effective functioning of the cooperation mechanism.