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EU Parl Watch

Changes between two versions

What changed between the draft committee report and the plenary report

From · draft committee report· 16 Jun 2022

IMCO-PR-732754

on the proposal for a regulation of the European Parliament and of the Council on the transparency and targeting of political advertising

To · plenary report· 26 Jan 2023

A-9-2023-0009

on the proposal for a regulation of the European Parliament and of the Council on the transparency and targeting of political advertising

+225 added · −88 removed · 31 changed paragraphs, packaging included.

Part 7 of 8: Paragraphs 361–378

Added:Article 16 – paragraph 7 a (new): 7 a. Member States shall report annually to the Commission on the sanctions imposed to enforce the provisions of this Regulation, in particular on the type of sanctions applied and the amount of the administrative fines and financial penalties. The Commission shall summarise and evaluate those reports annually and use them for the review process under Article 18.

Added:Article 16 – paragraph 7 b (new): 7 b. The Commission is empowered to adopt delegated acts in accordance with Article 19 to introduce minimum sanctions across the Union for infringements of the obligations laid down in Articles -12 and 12, paragraphs 1 to 1e, after having consulted competent authorities and other relevant stakeholders.

Added:Article 18 – paragraph 1: Within two years after each election to the European Parliament, the Commission shall submit a report on the evaluation and review of this Regulation to the European Parliament and to the Council. This report shall assess the need for amendment to this Regulation, in particular with regard to: / (a) the scope of the Regulation and definition of political advertising in Article 2 (2); / (b) the effectiveness of the transparency measures, especially the declaration and mechanisms to identify the political nature of an advertisement in Articles 5 and 5a; / (c) the effectiveness of the supervision and enforcement structure and the need to introduce harmonised sanctions across the Union for infringements of the obligations laid down in this Regulation, and in particular the infringements referred to in Artricle 16(4); / (d) the effectiveness of this Regulation in view of technological, scientific and other developments; / (e) the interplay of this Regulation with the legal acts referred to in Article 1(4). / The report shall be made public.

Added:Article 19 – paragraph 2: 2. The power to adopt delegated acts referred to in Article 7(1b), Article 7a(5) and (6), Article 7b(6) and Article 9(4a) shall be conferred on the Commission for a period of [until the application of this regulation is evaluated, two years after the next European Parliamentary elections].

Added:Article 19 – paragraph 3: 3. The delegation of power referred to in Article 7(1b), Article 7a(5) and (6), Article 7b(6) and Article 9(4a) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

Added:Article 19 – paragraph 3 a (new): 3 a. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.

Added:Article 19 – paragraph 5: 5. A delegated act adopted pursuant to Article 7(1b), Article 7a(5) and (6), Article 7b(6) and Article 9(4a) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

Added:Article 19 a (new): Article 19 a / Committee procedure / 1. The Commission shall be assisted by a Committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. / 2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

Added:Article 20 – paragraph 2: 2. It shall apply from [3 months after the entry into force of this Regulation]. / However, Article 7b, paragraphs 1, 4 and 5 shall apply from [one year after the entry into force of this Regulation].

Added:Annex I – title: Information to be provided under Article 7a(1)

Added:Annex I – point a: (a) where the notice is not within or attached to the advertisement itself, an example/representation of the political advertisement or a link to it.

Added:Annex I – point b: (b) the identity and place of establishment of the sponsor on behalf of whom the advertisement is prepared, placed, promoted, published, delivered or disseminated including their name, address, telephone number or electronic mail address, and whether they are a natural or legal entity.

Added:Annex I – point c: (c) the period during which the political advertisement is delivered or disseminated and, where applicable and known to the publisher, the fact that the same advertisement has been disseminated in the past.

Added:Annex I – point d: (d) any election, referendum, legislative or regulatory process with which the advertising is linked, if applicable.

Added:Annex I – point e: (e) the aggregated amount spent on, and the value of other benefits received in part or full exchange for the specific advertisement, and on the specific advertising campaign where relevant, including on the preparation, placement, promotion, publication, delivery and dissemination of the political advertisements, as well as the aggregated actual amount spent and the value of other benefits received once known.

Added:Annex I – point f: (f) the origin of the amounts and other benefits being used for the specific advertising campaign including for the preparation, placement, promotion, publication, delivery and dissemination of the political advertisements.

Added:Annex I – point h: (h) a link to the advertisement’s location in the European Repository for Online Political Advertisements.

Added:Annex II: deleted / (deleted) / (deleted) / (deleted) / (deleted)