Decree of December 17, 2010 on on-demand television and audiovisual media services shown from other European countries
Décret n° 2010-1593 du 17 décembre 2010 relatif aux services de télévision et de médias audiovisuels à la demande relevant de la compétence d'un autre État membre de l'Union européenne ou partie à l'accord sur l'Espace économique européen ou à la convention européenne sur la télévision transfrontière du 5 mai 1989.
The Prime Minister,
On the report of the Minister of Culture and Communication,
Having regard to the European Convention on Transfrontier Television of May 5, 1989 ;
Having regard to the Agreement on the European Economic Area of May 2, 1992;
Having regard to Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services, and to Notification No. 2010/0138/F of 8 March 2010;
Having regard to Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services;
Having regard to Law no. 86-1067 of September 30, 1986, as amended, relating to freedom of communication, in particular articles 43-8, 43-9 and 43-10;
Having regard to the opinion of the French Superior Audiovisual Council dated September 14, 2010;
The Council of State (Interior Section) has been heard,
Decree:
CHAPTER I: PROVISIONS APPLICABLE TO THE TEMPORARY SUSPENSION OF RETRANSMISSION OF TELEVISION AND ON-DEMAND AUDIOVISUAL MEDIA SERVICES
Article 1
Before taking a decision to provisionally suspend the retransmission of a television service in application of article 43-8 of the aforementioned law of September 30, 1986, the French Superior Audiovisual Council shall carry out the notifications and consultations provided for in 2° of this article in writing and through the intermediary of the Government.
Suspension may not take place less than fifteen days after receipt of these notifications by the service editor and the European Commission.
The suspension decision is notified to the service editor and to all service distributors and satellite network operators responsible for its implementation. It is published in the Official Journal of the French Republic.
Article 2
When the French Superior Audiovisual Council takes a decision to suspend the retransmission of a television service in application of the fourth paragraph of article 43-8 of the aforementioned law of September 30, 1986, it notifies the service editor and all service distributors and satellite network operators responsible for its implementation. The decision is published in the Journal officiel de la République française.
Article 3
Before taking a decision to provisionally suspend retransmission of an on-demand audiovisual media service in application of article 43-9 of the aforementioned law of September 30, 1986, the French Superior Audiovisual Council shall make the demand and notifications provided for, except in emergencies, in 2° of this article in writing and through the intermediary of the Government.
In the event of urgency, it shall notify its suspension decision as soon as possible to the European Commission and to the Member State to which the service editor belongs. These notifications are made in writing through the intermediary of the Government. They shall include the reasons for which the Council considers that there is urgency.
The suspension decision is notified to the service editor and to all service distributors and satellite network operators responsible for its implementation. It is published in the Official Journal of the French Republic.
CHAPTER II: SCHEMES APPLICABLE IN THE EVENT OF CIRCUMVENTION
OF THE LAW OF SEPTEMBER 30, 1986
Article 4
When the French Superior Audiovisual Council considers that the programming of a television or on-demand audiovisual media service falling within the competence of another Member State of the European Community or party to the Agreement on the European Economic Area is wholly or mainly intended for the French public, taking into account in particular the origin of advertising or contract revenues, the main language of the service or the existence of programs or advertising specifically aimed at the French public, it may send a written request to the Member State with jurisdiction over the service, via the Government, with a view to settling out of court.
In the absence of an amicable settlement within two months, the French Superior Audiovisual Council shall notify the European Commission and the Member State, through the intermediary of the Government, of the measures it intends to take in application of the same article of the same law with regard to the service and the reasons for them.
These measures may not be implemented until they have been validated by the European Commission within three months of notification.
CHAPTER III: FINAL PROVISIONS
Article 5
The present decree is applicable throughout the territory of the Republic.
Article 6
The Minister of the Interior, Overseas France, Territorial Collectivities and Immigration, the Minister of Culture and Communication and the Minister attached to the Minister of the Interior, Overseas France, Territorial Collectivities and Immigration, responsible for Overseas France, are each responsible for the execution of this decree, which will be published in the Journal officiel de la République française.
Paris, December 17, 2010.