Wednesday 26th September 2018

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View Commission's Position on Article 10

EU Commission's Position

As adopted 14th September, 2016

Article 10

Negotiation mechanism

Member States shall ensure that where parties wishing to conclude an agreement for the purpose of making available audiovisual works on video-on-demand platforms face difficulties relating to the licensing of rights, they may rely on the assistance of an impartial EN 28 EN body with relevant experience. That body shall provide assistance with negotiation and help reach agreements. No later than [date mentioned in Article 21(1)] Member States shall notify to the Commission the body referred to in paragraph 1.

View Council's Position on Article 10

EU Council's Position

As adopted 25th May, 2018

Article 10

Negotiation mechanism

Member States shall ensure that parties facing difficulties related to the licensing of rights when seeking to conclude an agreement for the purpose of making available audiovisual works on videoon-demand services, may rely on the assistance of an impartial body or of mediators. The body or mediators shall provide assistance to the parties with their negotiations and help them reach agreements, including, where appropriate, by submitting proposals to the parties.

Member States shall notify to the Commission the body or mediators referred to in paragraph 1 no later than [date mentioned in Article 21(1)]. In cases where Member States have chosen to rely on mediation, the notification to the Commission shall at least include, when available, the source where relevant information on the entrusted mediators can be found

EU Commission's Position

As adopted 14th September, 2016

View Council's Position on Article 10

Article 10

Negotiation mechanism

Member States shall ensure that where parties wishing to conclude an agreement for the purpose of making available audiovisual works on video-on-demand platforms face difficulties relating to the licensing of rights, they may rely on the assistance of an impartial EN 28 EN body with relevant experience. That body shall provide assistance with negotiation and help reach agreements. No later than [date mentioned in Article 21(1)] Member States shall notify to the Commission the body referred to in paragraph 1.

EU Council's Position

As adopted 25th May, 2018

View Commission's Position on Article 10

Article 10

Negotiation mechanism

Member States shall ensure that parties facing difficulties related to the licensing of rights when seeking to conclude an agreement for the purpose of making available audiovisual works on videoon-demand services, may rely on the assistance of an impartial body or of mediators. The body or mediators shall provide assistance to the parties with their negotiations and help them reach agreements, including, where appropriate, by submitting proposals to the parties.

Member States shall notify to the Commission the body or mediators referred to in paragraph 1 no later than [date mentioned in Article 21(1)]. In cases where Member States have chosen to rely on mediation, the notification to the Commission shall at least include, when available, the source where relevant information on the entrusted mediators can be found

EU Parliament's Position

As adopted 12th September, 2018

Update 14th September 2018: This proposal is the version adopted by the EU Parliament on 12th September 2018. Emboldened text denotes an amendment.

Article 10

Negotiation mechanism

Member States shall ensure that where parties wishing to conclude an agreement for the purpose of making available audiovisual works on video-on-demand platforms face difficulties relating to the licensing of audiovisual rights, they may rely on the assistance of an impartial body with relevant experience. The impartial body created or designated by the Member State for the purpose of this Article shall provide assistance to the parties with negotiation and help them to reach agreement.

No later than [date mentioned in Article 21(1)] Member States shall inform the Commission of the body they create or designate pursuant to the first paragraph.

To encourage the availability of audiovisual works on video-on-demand platforms, Member States shall foster dialogue between representative organisations of authors, producers, video-on-demand platforms and other relevant stakeholders.