Translation with SYSTRAN Links

Decree of December 17th, 2010 relating to the television services and audio-visual mediums to the request diffused since of other European States

Publication date: Sunday, December 19, 2010


Decree n° 2010-1593 of December 17th, 2010 relating to the television services and audio-visual mediums to the request falling within the competence of another Member State of the European Union or part to the agreement on the European Economic Area or European convention on transborder television of May 5th, 1989
 
The Prime Minister,

On the report of the Minister for the culture and communication,

Considering European convention on the transborder television of May 5th, 1989;

Considering the agreement on the European Economic Area of May 2nd, 1992;

Considering the directive 98/34/CE of the European Parliament and the Council of June 22nd, 1998 envisaging a procedure of information in the field of the standards and technical regulations and the rules relating to the services of the information society, as well as the notification n° 2010/0138/F of March 8th, 2010;

Considering the directive 2010/13/UE of the European Parliament and the Council of March 10th, 2010 aiming at the coordination of certain lawful and administrative legislative measures of the Member States relating to the supply of services of audio-visual mediums;

Considering the law n° 86-1067 of the modified September 30th, 1986 relating to the freedom of communication, in particular its articles 43-8, 43-9 and 43-10;

Considering the opinion of the Superior council of audio-visual dated September 14th, 2010;

The Council of State (section of the interior) heard,

Issue:

CHAPTER 1ST: PROVISIONS APPLICABLE TO THE TEMPORARY SUSPENSION OF THE RETRANSMISSION OF THE TELEVISION SERVICES AND AUDIO-VISUAL MEDIUMS TO THE REQUEST

Article 1

Before making a provisional suspension decision of the retransmission of a television service pursuant to article 43-8 of the law of September 30th, 1986 referred to above, the Superior council of audio-visual carries out the notifications and consultations envisaged the 2° of this written article and the Government.

The suspension cannot intervene less than fifteen days after the reception of these notifications by the editor of the service and the European Commission.

The suspension decision is notified to the editor of the service and with the whole of the distributors of services and operators of satellite networks in charge of its implementation. It is published in the Journal officiel de la République française .

Article 2

When the Superior council of audio-visual makes a suspension decision of the retransmission of a television service pursuant to the fourth subparagraph of article 43-8 of the law of September 30th, 1986 referred to above, it notifies it to the editor of the service and with the whole of the distributors of services and operators of satellite networks in charge of its implementation. The decision is published in the Journal officiel de la République française .

Article 3

Before making a provisional suspension decision of the retransmission of a service of audio-visual mediums to the request pursuant to article 43-9 of the law of September 30th, 1986 referred to above, the Superior council of audio-visual proceeds to the request and the notifications envisaged, except urgency, to the 2° of this written article and the Government.

In the event of urgency, it notifies its suspension decision as soon as possible at the European Commission and the Member State whose the editor belongs to the service. These notifications are made in writing and via the Government. They comprise the indication of the reasons for which the Council estimates that there is urgency.

The suspension decision is notified to the editor of the service and with the whole of the distributors of services and operators of satellite networks in charge of its implementation. It is published in the Journal officiel de la République française .

CHAPTER II: APPLICABLE PROVISIONS IN THE EVENT OF SKIRTING

LAW OF September 30th, 1986

Article 4

When the Superior council of audio-visual estimates that the programming of television service or audio-visual mediums with the request falling within the competence of another Member State Community European or part with the agreement on the European Economic Area entirely or is mainly intended for the French public, taking into account in particular the origin of the advertising revenues or subscription, of the principal language of the service or the existence of programs or advertisements aiming the French public specifically, it can address in writing to the qualified Member State with regard to the service, via the Government, a request tending to arrive to an amicable settlement.

In the absence of amicable settlement within a period of two months, the Superior council of audio-visual notifies at the European Commission and the Member State, the Government, measures which he intends to take pursuant to the same article same law with regard to the service and their reasons.

It can implement these measurements only after their validation by the European Commission within a period of three months as from their notification.

CHAPTER III: FINAL PROVISIONS

Article 5

This decree is applicable on the whole of the territory of the Republic.

Article 6

The Home Secretary, of overseas, with the territorial collectivities and immigration, the Minister for the culture and Transport and the minister near the Home Secretary, of overseas, with the territorial collectivities and immigration, charged with overseas, are charged, each one in what relates to it, of the execution of this decree, which will be published in the Journal officiel de la République française .


Fact in Paris, on December 17th, 2010.

 


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