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M O N T E N E G R O

M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Working Group for Chapter 10 – Information society and media. Bilateral screening: Chapter 10 PRESENTATION OF MONTENEGRO Brussels , 2 1-22 January 2013.

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  1. M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European UnionWorking Group for Chapter 10 – Information society and media Bilateral screening: Chapter10 PRESENTATION OF MONTENEGRO Brussels, 21-22January 2013

  2. Chapter 10: Information society and media AUDIOVISUAL MEDIA SERVICES DIRECTIVE Jadranka Vojvodic Deputy Director Agency for Electronic Media jadranka.vojvodic@ardcg.org Chapter 10: INFORMATION SOCIETY AND MEDIA M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union

  3. Chapter 10: Information society and media Relevant Acquis • 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 (Audiovisual Media Services Directive). 32010L0013 / 32010L0013R(01) • Commission interpretative communication on certain aspects of the provisions on televised advertising in the "Television without Frontiers" Directive. 52004XC0428(01) Chapter 10: INFORMATION SOCIETY AND MEDIA M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union

  4. Chapter 10: Information society and media National Legislation • Constitution of Montenegro (OG RMNE, No. 01/07) • Electronic Media Law (OG MNE, No. 46/10, 40/11, 53/11) • Media Law (OG RMNE, No. 51/02, 62/02) • Rulebook on Audiovisual Commercial Communication (OG MNE, No. 36/11) • Rulebook on Program Standards in Electronic Media (OG MNE , No. 35/11) • Decision on List of Events of Particular Importance to the Public in Montenegro (OG MNE , No. 11/12) Chapter 10: INFORMATION SOCIETY AND MEDIA M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union

  5. Chapter 10: Information society and media Contents • General principles, freedom of reception and retransmission • Principles of Jurisdiction • Major Events • Promotion and distribution of European works • Commercial communications • Independence of regulator – Agency for Electronic Media Chapter 10: INFORMATION SOCIETY AND MEDIA M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union

  6. Chapter 10: Information society and media General Principles (1) • AVM services: • electronic media (radio or television broadcast) • on-demand AVM service • audiovisual commercial communication • under editorial responsibility, the principal purpose is to provide, through electronic communications networks, the programmes aimed at informing, entertaining or educating the general public Chapter 10: INFORMATION SOCIETY AND MEDIA M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union

  7. Chapter 10: Information society and media General Principles (2) • MNE ensures freedom of reception and retransmission of AVM services from EU Member States and other European countries signatories to the European Convention on Transfrontier Television (ECTT) • Restriction of the freedom of reception and retransmission only in exceptional cases, in accordance with international treaties and this Law • (Article 5) Chapter 10: INFORMATION SOCIETY AND MEDIA M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union

  8. Chapter 10: Information society and media General Principles (3) • Two-tier conditions to be fulfilled for restriction on reception and retransmission of AVM services to be compatible with the Law (Article 6): • for television broadcasting(at least two prior manifest, serious or grave infringements of the Articles 48(2) & 55(1); Agency to notify the broadcaster & the Commission of the measures it intends to take should any such infringement occur again, consultations have not produced an amicable settlement & alleged infringement persists) • for on-demand AVM service(jeopardises or seriously threatens public interest defined by the Law; Member State under whose jurisdiction the media service provider falls asked to take measures & it did not take such measures or the measures taken were inadequate; Agency to notify EC & the Member State under whose jurisdiction the media service provider falls of its intention to take such measures). In cases of emergency no conditions to be fulfilled • If determined incompatible with the EU acquis – to be abolished Chapter 10: INFORMATION SOCIETY AND MEDIA M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union

  9. Chapter 10: Information society and media General Principles (4) • Identification of AVMS provider- obliged to make at least the following informationeasily, directly and permanently accessible to the recipients of a service: • the name of the AVM service provider • AVM service provider’s head office, or place of residence, its electronic mail address or website • the competent body of the AV service provider • the competent regulatory body • (Article 46 Para 2) Chapter 10: INFORMATION SOCIETY AND MEDIA M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union

  10. Chapter 10: Information society and media General Principles (5) • Prohibited: • threatening the constitutional order and national security • incitement, enabling incitement or spreading hatred or discrimination on the grounds of race, ethnic background, skin color, language, religion, political or other belief, national or social background, financial standing, trade union membership, education, social status, marital or family status, age, health status, disability, genetic heritage, gender identity or sexual orientation • the publication of information revealing the identity of a minor under 18 years of age involved in any case of violence, regardless of whether being a witness, a victim or an offender, or disclosing any particulars of the family relations and private life of a child • (Article 48) Chapter 10: INFORMATION SOCIETY AND MEDIA M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union

  11. Chapter 10: Information society and media Principles of Jurisdiction • AVM service provider means a natural or a legal person established in MNE & providing AVM services in accordance with this Law & specific laws governing media & electronic communications • Deemed to be established in MNEif one of the conditions is fulfilled: • primary criteria: provider’s head office or residence in MNE, editorial decisions’ country of origin • subsidiary criteria: location of the significant part of the workforce’s operation, location where a service’s provision has started, existence of the effective link with MNE economy, satellite up-link’s location, usage of satellite capacity appertaining to MNE • If impossible to ascertain whether the AVM service provider falls under the jurisdiction of Montenegro or an EU Member State, the AVM service provider shall fall under the Member State in which it was established in accordance with Articles 52 to 58 of the Stabilisation and Association Agreement between Montenegro and the European Union and its Member States • (Article 4) Chapter 10: INFORMATION SOCIETY AND MEDIA M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union

  12. Chapter 10: Information society and media Major Events (1) • A television broadcaster shall not exercise the exclusive rights in such a way that a substantial proportion of the public in an EU Member State or the state party to the international treaty binding MNE is deprived of the possibility of following major events designated for whole/partial live/deferred coverage on free television • Exclusive rights may not be granted unless broadcasteris able to ensure following of such events by live/deferred coverage on free television for at least 60% of Montenegro’s population or if additional payment would be needed for following such broadcasts • Several broadcasters may be granted the exclusive right to broadcast a major event if their networking would ensure good quality reception of television programme for at least 85% of Montenegro’s population • (Article 66) Chapter 10: INFORMATION SOCIETY AND MEDIA M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union

  13. Chapter 10: Information society and media Major Events (2) • List of major events in Montenegro adopted by the Council of the Agency, in 2012 (available at www.ardcg.org) • The Council of the Agency notified Delegation of the European Union to Podgorica of the adoption and asked to forwarde it to the Commission • The list determines whether events should be available by whole or partial live coverage, or where necessary or appropriate for objective reasons in the public interest, whole or partial deferred coverage • Mainly international sport events and two national events (Inauguration of the President of Montenegro; Extraordinary Parliament sessions) • (Article 67) Chapter 10: INFORMATION SOCIETY AND MEDIA M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union

  14. Chapter 10: Information society and media Major Events (3) • For short news reports (short extracts), any broadcaster established in EU or a state party to an international treaty binding MNE has accessunder equal terms to events of high interest to the public, transmitted on the exclusive basis by broadcasters under the jurisdiction of MNE • If MNE established broadcaster is seeking access to an event exclusively broadcast by another MNE established broadcaster, access shall be sought from the latter broadcaster • The Councilof the Agency may set more detailed conditions for acquiring the right of access to events (by allowing broadcasters to freely choose short extracts from the transmitting broadcaster’s signal, acquireing access to the scene of such events for shooting short extracts or using footage of another broadcaster having exclusive rights to broadcast event of high interest for the public) • Short extracts may be used solely for general news programmes and may be used in on-demand AVM servicesonly if the same programme is offered on a deferred basis by the same AVM service provider • (Article 68) Chapter 10: INFORMATION SOCIETY AND MEDIA M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union

  15. Chapter 10: Information society and media Major Events (4) • Short information (short extract) - a piece of news not longer than 90 seconds published within news programmes • The right to short information shall be exercised so as not to interrupt the course of the event of high interest to the public • In an event consists of several organisationally independent events - each independent event is deemed as an event of special interest to the public • If an event lasts more than two days - the broadcaster has the right each day to produce short information of the event • The broadcaster who exercised the right to short information must enable non-recurrent use of the event footage to another broadcaster unable to shoot the event & has the right to seek compensation of the proportional share of actually incurred costs, and featuring its name in the announcement • The right to short information may be exercised even as regards access to major events for the society not broadcast as per exclusive rights • (Article 69) Chapter 10: INFORMATION SOCIETY AND MEDIA M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union

  16. Chapter 10: Information society and media European Audiovisual Works (1) • Defined in relation to country of origin (EU member States, states parties to the ECTT) fulfilling the defined conditionsmentioned below or co-produced within the framework of agreements related to the audiovisual sector concluded between EU Member States and third countries and fulfilling the conditions defined in each of those agreements • Mainly made with authors/workers residing in EU Member States or state parties to the ECTT provided that they comply with one of the conditions related to origin of the producers, supervision of production of works or the contribution of co-producers to the total co-production • If not works within the meaning above produced within the framework of bilateral co-production treaties concluded between EU Member States and third countries – to be deemed European works if the co-producers from the Community supply a majority share of the total cost of production and that the production is not controlled by one or more producers established outside the territory of the EU Member States • (Article 60) Chapter 10: INFORMATION SOCIETY AND MEDIA M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union

  17. Chapter 10: Information society and media European Audiovisual Works (2) • A broadcaster is obliged to ensure that European audiovisual works make up at least 51% of its annual transmission time as of 01 January 2013 • Not included - news, sport events, advertising, teletext and teleshopping • Included – audiovisual works within in-house production • If 51% quota not achieved, a broadcaster is obliged each year to increase this share as compared to the previous year, with least initial share not lower than 5% of annual air time • The Council of the Agency sets more detailed conditions for increasing the share • The Council is obliged to report to the EC about the implementation of these provisions not later than by 31 December 2014, and every two years afterwards • Obligation not applicable to broadcasters licensed to broadcast locally and regionally, broadcasters not included in regional or national networks, not-for-profit broadcasters and radio broadcasters • (Articles 61, 64) Chapter 10: INFORMATION SOCIETY AND MEDIA M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union

  18. Chapter 10: Information society and media European Audiovisual Works (3) • An on-demand AVM service provider is obliged to promote production of & access to European works in the following manner: • by financial contribution to the production or acquisition of rights for European works; • by inclusion and/or prominence of European works in the catalogue of programmes offered. • The Council of the Agency sets the performance criteria • An on-demand AVM service provider obliged to provide the Agency with the data verifying compliance •  The Agency is obliged to report to the EC no later than 31 December 2014 and every four years thereafter on the implementation • (Article 82) Chapter 10: INFORMATION SOCIETY AND MEDIA M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union

  19. Chapter 10: Information society and media AV works of independent producers • Audiovisual works of independent producers - at least 10% of broadcaster’s annual transmission time  as of 01 January 2013 • Not included - news, sport events, advertising, teletext service and teleshopping • If 10% quota not achieved, a broadcaster is obliged each year to increase this share in accordance with the requirements set by the Council of the Agency • At least half of the works - to be produced over the last five years • Independent producer defined in relation to head office, connection with the broadcaster, broadcaster’s share in its capital or managerial or voting rights, amount of annual production ordered by one television broadcaster, average share of finance for coverage of total production costs, or co-production, taken part over the last three years •  Also, a legal or natural person registered for AV works production seated outside MNE or an EU Member State if European works make up more than 50% of its audiovisual production over the last three years and fulfilling the above mentioned requirements • (Articles62 & 63) Chapter 10: INFORMATION SOCIETY AND MEDIA M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union

  20. Chapter 10: Information society and media AV Commercial Communications (1) • Must be readily recognisable & may take the form ofradio and television advertising, teleshopping, sponsorship or product placement • Prohibited (all forms): • Surreptitious and fraudulent AV commercial communication • Sending messages which might affect the sub-consciousness & which constitute manipulation or are damaging in social & emotional terms • Advertising sale &purchase of human organs or tissues for transplantation or transfusion • All forms of AV commercial communication promoting tobacco & tobacco products, narcotic drugs, weapons, ammunition and pyrotechnic devices and marketing of goods and services prohibited by law • AV commercial communications for alcoholic beverages aimed at minors and encourageing consumption of such beverages • AV commercial communication for medicinal products available only on prescription or medical procedures and treatment not compliant to law governing health care • (Articles 85 & 88) Chapter 10: INFORMATION SOCIETY AND MEDIA M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union

  21. Chapter 10: Information society and media AV Commercial Communications (2) • Shall not (all forms) : • prejudice respect for human dignity • promote discrimination based on sex, race, ethnic origin, religion or belief, disability, age or sexual orientation • encourage behaviour prejudicial to health, safety or environment • use recognisability of certain programmes with the intention to mislead the viewer or listener into believing to actually be watching or listening to that programme • discredit or disparage competitors, their products or services • present the competitor programme or service as an imitation or reproduction; • use parts of some programmes (headline, logo, music theme, etc.) • copy advertising content of some other advertiser, their activity, product or service • enable unauthorised use of trademark or other feature by which a competitor is recognisable • use scenes of death, infliction of injuries, violence or destruction of buildings and nature • (Article 85) Chapter 10: INFORMATION SOCIETY AND MEDIA M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union

  22. Chapter 10: Information society and media AV Commercial Communications (3) • Protection of minorsrules for AV commercial communication – forbiden : • Causing tangible or intangible detriment to minors • Direct exhorting minors to buy or hire a product or a service by exploiting their inexperience or credulity • Direct encouraging minors to persuade their parents or others to purchase the goods or services being advertised • Exploiting the special trust minors place in parents, teachers or other persons • Unreasonably show minors in dangerous situations • (Article 86) • More detailed rules  Rulebook on Audiovisual Commercial Communication Chapter 10: INFORMATION SOCIETY AND MEDIA M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union

  23. Chapter 10: Information society and media AV Commercial Communications (4) • Obligations for all forms of television advertising & teleshopping: • Must be readily recognisable & distinct from other parts of the programme by optical and acoustic means • Advertiser shall not exercise any editorial influence on the contents of programmes • May not use the data which may be misleading • General rule - to be broadcast in blocks(exception - transmissions of sport events) • Not deemed advertising: • free of charge announcements of public works & charity events; • free of charge presentation of works of art; • free of charge publication of data on producers, organisers, sponsors or donors of works of art, culture and art events and charity events; • information about & promotion of own programmes • Advertising and teleshopping of alcoholic beverages– more ditailed criteria • (Articles89 & 91) Chapter 10: INFORMATION SOCIETY AND MEDIA M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union

  24. Chapter 10: Information society and media AV Commercial Communications (5) • Duration: • Public & not-for-profit broadcasters: • advertising spots shall not exceed 10% (six minutes) within a given clock hour • advertising spots & teleshopping spots shall not exceed 15% (nine minutes) within a given clock hour during the day • Commercial broadcasters: • advertising spots shall not exceed 15% (nine minutes) within a given clock hour • advertising spots & teleshopping spots shall not exceed 20% (twelve minutes) within a given clock hour during the day • (Articles93 & 93) Chapter 10: INFORMATION SOCIETY AND MEDIA M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union

  25. Chapter 10: Information society and media AV Commercial Communications (6) • Prohibited insertion of advertising in : • religious contents • formal ceremonies (inaugurations, etc.) • programmes related to tragic events of wider scope • programmes lasting 30 minutes or shorter • (Article 94) • More detailed rules  Rulebook on Audiovisual Commercial Communication Chapter 10: INFORMATION SOCIETY AND MEDIA M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union

  26. Chapter 10: Information society and media AV Commercial Communications (7) • Sponsorship of AVM services & programmes - requirements: • Sponsor shall not affect the contents or scheduling of sponsored services or programmes or the responsibility or editorial independence of the AVM service provider • Shall not directly encourage the purchase or rental of goods or services, in particular by making special promotional references to those goods or services • Shall be clearly identified as sponsored • Wholly or partly sponsored programmes shall be clearly identified by the name, logo and/or other symbol of the sponsor such as a reference to its product(s) or service(s) or a distinctive sign thereof in an appropriate way for programmes at the beginning, during and/or at the end of the programmes • (Article 95) Chapter 10: INFORMATION SOCIETY AND MEDIA M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union

  27. Chapter 10: Information society and media AV Commercial Communications (8) • Rules related to sponsors: • Not eligible for sponsorship of AVM services or programmes if its principal activity is the manufacture or sale of products or provision of services whose advertising is prohibited by law •  if its activities include the manufacture or sale of medicinal products and medical procedures and treatment, the sponsorship of AVM services or programmes may promote the name or the image of the sponsor, but shall not promote specific medicinal products available only on prescription or medical procedures and treatments which are not compliant with a separate law governing health care • In sport, culture and art programmes, sponsor identification may be shown only at the beginning & the end of natural breaks • Political parties, coalitions & other political organisations may not sponsor programmes • Other rules: • News & current affairs programmes shall not be sponsored • Showing a sponsorship logo during children’s programmes and religious programmes - prohibited • (Article 95) Chapter 10: INFORMATION SOCIETY AND MEDIA M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union

  28. Chapter 10: Information society and media AV Commercial Communications (9) • Product placement (PP) - prohibited. • Derogation - PP admissible: • In cinematographic works, films and series made for AVM services, sports programmes and entertainment programmes not including programmes intended for children; • Where there is no payment but only the provision of certain goods or services free of charge (production props & prizes, with a view to their inclusion in a programme). Not admissible for derogation if provided goods or services are of substantial value • Council of the Agency regulates the manner for determining the substantial value of goods or services placed (based on the production costs or costs payable for placing goods or services into the programme) • (Article 96) Chapter 10: INFORMATION SOCIETY AND MEDIA M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union

  29. Chapter 10: Information society and media AV Commercial Communications (9) • Programmes containing PP - requirements: • Their content & scheduling shall in no circumstances be influenced to affect the responsibility & editorial independence of the AVM service provider • They shall not directly encourage the purchase or rental of goods or services, in particular by making special promotional references to those goods or services or by giving prominence to the product • Viewers shall be clearly informed of the existence of PP by appropriate identification at the start & the end of the programme & after an advertising break, in order to avoid any confusion on the part of the viewer. Exception - programmes with PP either notproducedor commissioned by the AVM service provider or an entity affiliated to the AVM service provider as per Article 130 • (Article 96) • Rules on PP  as of 01 January 2013 Chapter 10: INFORMATION SOCIETY AND MEDIA M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union

  30. Chapter 10: Information society and media Independence of Regulator (1) • Agency for Electronic Media (AEM) Status • Independent AVM service regulatory body with public authorities acting pursuant to the Law & in the public interest • Autonomous legal entity, functionally independent from any state authority & any legal or natural persons engaging in production & broadcasting of radio and TV programmes, or provision of other AVM services • Founded by the state & rights of the founder exercised by the Council in accordance with the law • Coordinates with other regulators and state authorities (NRA for electronic communications, competition authority ...) • Before granting a licence for provision of AVM services, may exchange information with regulatory bodies of EU Member States on media service providers if radio or television broadcasting or provision of other AVM services concerns other EU Member States • Before accepting international conventions & other instruments pertaining to provision of AVM services, responsible administration bodies are obliged to obtain the AEM’s opinion • (Articles 10 & 11) Chapter 10: INFORMATION SOCIETY AND MEDIA M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union

  31. Chapter 10: Information society and media Independence of Regulator (2) • AEM responsibilities - defined by the Law (Article 12) • AEM bodies  AEM Council and AEM director  division of responsibilities clearly defined by the Law (Articles 14 & 40) • Transparency of AEM operation - AEM Council obligations (Article 15): • Not later than by the end of June of the current year, make publicly available, by posting them on the AEM’s website, the following documents: • AEM Activity Report for the previous year, focusing on the performance of responsibilities envisaged by law • AEM Financial Report for the previous year, with the audit report from an authorised auditor • Without delay, make available & accessible to the public all documents pertaining to rights and obligations of legal or natural persons available to the public, accompanied by a statement of reasons • Budget Law - plans & reports to be adopted by the Parliament (as of Dec 2011) Chapter 10: INFORMATION SOCIETY AND MEDIA M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union

  32. Chapter 10: Information society and media Independence of Regulator (3) • The Council has five members, prominent experts in the fields relevant for AEM’s work, holding university degrees, which are Montenegrin citizens and reside in Montenegro • (Article 16) • Conflict of interest prevention measures - defined by the Law to protect them against any interference, in particular by political forces or economic interests (rules of incompatibility) • A Council Member shall not be a founder of an AVM service provider or in any other way participate as an applicant for obtaining a licence for AVM service provision within 12 months after the termination of its term • (Article 17) Chapter 10: INFORMATION SOCIETY AND MEDIA M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union

  33. Chapter 10: Information society and media Independence of Regulator (4) • Council - appointed and dismissed by the Parliament of Montenegro (Parliament) • (Article 18) • Authorised nominators for candidates for Council members - defined by the Law : • Universities, one member • Non-governmental organisations dealing with human rights and freedoms, one member • Non-governmental organisations dealing with the media, one member • Montenegrin PEN Centre, one member • Commercial broadcasters’ associations, one member • (Article 19) Chapter 10: INFORMATION SOCIETY AND MEDIA M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union

  34. Chapter 10: Information society and media Independence of Regulator (5) • Council members shall not represent the nominating institutions or organisations, but shall discharge their duties autonomously, independently, to the best of their knowledge and in line with their consciousness for the sake of exercising the public interest • No one shall have the right to influence in any way the work of the Council members, nor is a Council member obliged to follow any instruction regarding his/her work, except the ruling of a competent court • Council’s term of office - five years Maximum two consecutive terms • Council member appointment procedure – launched by the parliamentary committee by a public call to authorised nominators not later than six months before the expiry of the term of office of the current Council member  procedure clearly defined by the Law • (Articles 22 - 30) Chapter 10: INFORMATION SOCIETY AND MEDIA M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union

  35. Chapter 10: Information society and media Independence of Regulator (6) • Conditions for Termination of office of a Council member – defined by the Law (Article 32) •  Conditions for Dismissal of Council members - defined by the Law: • If determined that he/she provided wrongful data or omitted presenting data & circumstances significant for the appointment • If he/she fails to attend the Council session over the period longer than six months • Ifconflict of interest circumstance occurredduring the term of office • In case of illness, substantiated by findings of the competent medical establishment, when he/she is unable to perform the duties of a Council member for a period exceeding six months • (Article 33) Chapter 10: INFORMATION SOCIETY AND MEDIA M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union

  36. Chapter 10: Information society and media Independence of Regulator (7) • The dismissal procedure for Council members may be launched by the Council or the Parliamentary Committee • A Council member - right to be heard • Suspension - by two-third majority of the total number of its members, Council may decide, awaiting Parliament’s decision, to suspend the Council member against whom the dismissal procedure has been launched • (Articles34 & 35) • Conditions for the dismissal of the entire Council – defined by the Law if it fails to: • Meet for more than six months without a justified reason • Act in accordance with Article 15(1) – publication of the Activity Report • Procedure to be launched by the Parliamentary Committee • (Article 38) Chapter 10: INFORMATION SOCIETY AND MEDIA M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union

  37. Chapter 10: Information society and media Independence of Regulator (8) • AEM Director - appointed by the Council, following a public competition, with the requirements defined by the Law • AEM Director responsibilities - defined by the Law • AEM Director’s term of office - five years Maximum two consecutive terms • Conflict of interest rules / rules of incompatibility - same as for Council members • (Article 40) Chapter 10: INFORMATION SOCIETY AND MEDIA M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union

  38. Chapter 10: Information society and media Independence of Regulator (9) • AEM funding sources- defined by the Law: • non-recurrent fees for registration of AVM service providers • annual fees payable as per issued licences for AVM service provision • other sources of funding in accordance with the law • The amount of the fees determined by Council, on the basis of AEM’s annual programme of work and financial plan • Methodology for determining the fees’ amount & method of payment - determined by the Council, following a public debate • Surplus of AEM’s revenues over expenditures may be used solely for pursuit of legal requirements related to the performance of its function • (Articles 42 & 44) Chapter 10: INFORMATION SOCIETY AND MEDIA M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union

  39. Chapter 10: Information society and media Independence of Regulator (10) • AEM’s Financial Plan • Electronic Media Law (2010) – to be adopted by the Council for each year, not later than three months before the beginning of the fiscal year • Budget Law (2011) – the Plan is to be adopted by the Parliament • Overall costs of AEM’s work to be covered by the Financial Plan, including reserves for contingencies & reflect realistic AEM’s costs needed for successful attainment of its role • All AEM’s revenues and expenditures subject to annual audit by an independent authorised auditor • Auditor – appointed by the Council • (Article 43) Chapter 10: INFORMATION SOCIETY AND MEDIA M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union

  40. Chapter 10: Information society and media Independence of Regulator (11) • AEM adopts internal documents (general and individual) regulating in more detail the rights and obligations of AVM service providers and electronic publications in line with the Law and regulations adopted pursuant to the Law • Consultation process - prior to adoption of a general document, AEM is obliged make a draft available to the public by posting it on AEM website and sending invitation to all interested entities to give their comments, proposals and suggestions within a deadline which may not be shorter than 15 days • (Article45) Chapter 10: INFORMATION SOCIETY AND MEDIA M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union

  41. Chapter 10: Information society and media Independence of Regulator (12) • Supervision of the enforcement of obligations of AVM service providers - exercised by AEM (Article 138) • AEM may issue: • Compliance orders for AVM service providers • Administrative supervision measures (a warning, a, temporary or permanent revocation of broadcasting licence or licence for provision of on-demand AVM service in the manner laid down by this Law) • AEM decisions about the issued measures - to be posted on AEM website • AVM service provider obliged to publish the information on the measure pronounced, in an appropriate manner within the service it offers • (Articles 139 & 140) Chapter 10: INFORMATION SOCIETY AND MEDIA M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union

  42. Chapter 10: Information society and media Independence of Regulator (13) • Conditions for temporary & permanent revocation of licence - defined by the Law (Article 142) • Appeal against administrative supervision measures may be lodged with the Council within 15 days after receipt of the decision  The appeal defers execution of a measure • AVM service provider’s representative has the right to attend the Council session considering the appeal against the decision on temporary or permanent revocation of licence • The AVM service provider is obliged, without delay, to execute the final Council decision& in case of failure to do so the mandatory enforcement procedure shall be conducted • An administrative dispute may be instigated against the Council decision upon appeal • (Article 143) Chapter 10: INFORMATION SOCIETY AND MEDIA M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union

  43. Chapter 10: Information society and media Independence of Regulator (14) • Complaint procedure( Article 144) • Decision to be passed within 30 days from complaint lodging • An appeal may be lodged with Council against the decision about the complaint within 15 days from the decision delivery • Council is obliged to pass a decision on appeal within 15 days after it has been lodged • An administrative dispute may be instigated against the decision on appeal • Misdemeanour offences (Article 146), determined by the court: • A legal person punishable by a fine ranging from €500 to €6,000 • A responsible person within a legal person punishable by a fine ranging from €100 to €2,000 Chapter 10: INFORMATION SOCIETY AND MEDIA M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union

  44. Chapter 10: Information society and media Future Activities • Draft, adopt & promote rules and procedures related to the enforcement of the European AV works and independent producers’ works quotas • Draft, adopt & promote enforcement of the product placement rules • Conduct Analysis and Evaluation of the Electronic Media Law implementation & define necessary legal revisions or measures to improve implementation of the current measures (possible areas of intervention: AEM planing & reporting rights and obligations, enforcement powers of the AEM in relation to inspection supervision and issuing fines) Chapter 10: INFORMATION SOCIETY AND MEDIA M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union

  45. Thank you for your attention QUESTIONS

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