Sittings · Document

OPINION (COM(2021)0731 – C90433/2021 – 2021/0381(COD)) 2022-11-03

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

Committee on Culture and Education · Rapporteur: Sabine Verheyen

SHORT JUSTIFICATION

On 25 November 2021, the European Commission published its legislative proposal for a regulation on the transparency and targeting of political advertising, which aims to introduce a legal framework to ensure a high level of transparency of political advertising and related services.

Overall, the Rapporteur welcomes the proposal but would like to suggest a series of amendments in order to clarify certain provisions related to the dissemination of political advertising through offline media forms and in order to ensure a consistent approach between offline and online service providers of political advertising.

In addition, the Rapporteur highlights the interlinks and complementarities between the new proposal and the Audiovisual Media Services Directive (AVMSD) and the need to safeguard the freedom of expression and right to information.

Finally, regarding the governance aspects, the proposed regulation does not necessarily provide for the creation of any additional authorities or bodies at Member State level as these tasks could be entrusted to relevant competent national authorities, in particular, those already playing a role under the field of media regulation. However, the Rapporteur aims to clarify certain cooperation mechanisms between all the authorities involved in order to try to mitigate future enforcement challenges.

AMENDMENTS

The Committee on Culture and Education calls on the Committee on the Internal Market and Consumer Protection, as the committee responsible, to take into account the following amendments:

Amendment 1

Proposal for a regulation

Recital 5

Text proposed by the Commission	Amendment
(5) In the context of political advertising, targeting techniques are frequently used. Targeting or amplification techniques should be understood as techniques that are used either to address a tailored political advertisement only to a specific person or group of persons or to increase the circulation, reach or visibility of a political advertisement. Given the power and the potential for the misuse of personal data of targeting, including through microtargeting and other advanced techniques, such techniques may present particular threats to legitimate public interests, such as fairness, equal opportunities and transparency in the electoral process and the fundamental right to be informed in an objective, transparent and pluralistic way.	(5) In the context of political advertising, targeting techniques are frequently used. Targeting or amplification techniques should be understood as techniques that are used either to address a tailored political advertisement only to a specific person or group of persons or to increase the circulation, reach or visibility of a political advertisement. Given the power and the potential for the misuse of personal data of targeting, including through microtargeting and other advanced techniques, such techniques may present particular threats to legitimate public interests, such as fairness, freedom of expression, protection of the Union citizens who live outside the Union, equal opportunities and transparency in the electoral process and the fundamental right to be informed in an objective, transparent and pluralistic way.

Amendment 2

Proposal for a regulation

Recital 6

Text proposed by the Commission	Amendment
(6) Political advertising is currently regulated heterogeneously in the Member States, which in many cases tends to focus on traditional media forms. Specific restrictions exist including on cross-border provisions of political advertising services. Some Member States prohibit EU service providers established in other Member States from providing services of a political nature or with a political purpose during electoral periods. At the same time, gaps and loopholes in national legislation are likely to exist in some Member States resulting in political advertising sometimes being disseminated without regard to relevant national rules and thus risking undermining the objective of transparency regulation for political advertising.	(6) Political advertising is currently regulated heterogeneously in the Member States, which in many cases tends to focus on traditional media forms. Specific restrictions exist including on cross-border provisions of political advertising services, which directly affect the capacity to conduct cross-border and pan-European political campaigns. Some Member States prohibit EU service providers established in other Member States from providing services of a political nature or with a political purpose during electoral periods. At the same time, gaps and loopholes in national and Union legislation are likely to exist in some Member States resulting in political advertising sometimes being disseminated without regard to relevant national rules and thus risking undermining the objective of transparency regulation for political advertising.

Amendment 3

Proposal for a regulation

Recital 13

Text proposed by the Commission	Amendment
(13) This Regulation should not affect the substantive content of political advertising nor rules regulating the display of political advertising including so-called silence periods preceding elections or referendums.	(13) It is essential that this Regulation does not affect the substantive content of political advertising nor rules regulating the display of political advertising including so-called silence periods preceding elections or referendums; Furthermore, it is essential that this Regulation does not affect, nor is used to affect in any way the fundamental right to freedom of opinion and freedom of speech;

Amendment 4

Proposal for a regulation

Recital 16

Text proposed by the Commission	Amendment
(16) The definition of political advertising should include advertising published or disseminated directly or indirectly by or published or disseminated directly or indirectly for or on behalf of a political actor. Since advertisements by, for or on behalf of a political actor cannot be detached from their activity in their role as political actor, they can be presumed to be liable to influence the political debate, except for messages of purely private or purely commercial nature.	(16) The definition of political advertising should include advertising prepared, purchased, placed, published, promoted or disseminated by any means directly or indirectly by or published or disseminated directly or indirectly for or on behalf of a political actor. Since advertisements by, for or on behalf of a political actor cannot be detached from their activity in their role as political actor, they can be presumed to be liable to influence the political debate, or the outcome of an election or referendum, except for messages of purely private or purely commercial nature.

Amendment 5

Proposal for a regulation

Recital 17

Text proposed by the Commission	Amendment
(17) The publication or dissemination by other actors of a message that is liable to influence the outcome of an election or referendum, legislative or regulatory process or voting behaviour should also constitute political advertising. In order to determine whether the publication or dissemination of a message is liable to influence the outcome of an election or referendum, a legislative or regulatory process or voting behaviour, account should be taken of all relevant factors such as the content of the message, the language used to convey the message, the context in which the message is conveyed, the objective of the message and the means by which the message is published or disseminated. Messages on societal or controversial issues may, as the case may be, be liable to influence the outcome of an election or referendum, a legislative or regulatory process or voting behaviour.	(17) The publication, promotion or dissemination by other actors of a message that is liable and designed to influence the outcome of an election or referendum, legislative or regulatory process or voting behaviour or the public opinion on societal issues should also constitute political advertising. In order to determine whether the publication or dissemination of a message is liable and designed to influence the outcome of an election or referendum, a legislative or regulatory process or voting behaviour, account should be taken of all relevant factors such as the sponsor of the message, the content of the message, the language used to convey the message, the context in which the message is conveyed, the objective of the message and the means by which the message is published, placed, promoted or disseminated. Messages on societal or controversial issues may, as the case may be, be liable to influence the outcome of an election or referendum, a legislative or regulatory process or voting behaviour.

Amendment 6

Proposal for a regulation

Recital 19

Text proposed by the Commission	Amendment
(19) Political views expressed in the programmes of audiovisual linear broadcasts or published in printed media without direct payment or equivalent remuneration should not be covered by this Regulation.	(19) The media contribute to the well-functioning of democratic processes and play an essential role in the freedom of expression and right to information, particularly during election periods. They provide a space for public debate and contribute to public opinion-forming. This Regulation should therefore not affect the editorial freedom of the media. Political views and other editorial content which aims to inform, entertain or educate and is expressed under the editorial responsibility of a media service provider in the programmes of audio and audiovisual media, including linear or non-linear broadcasts, or published in printed or online media should not be considered political advertisement and should not be covered by this Regulation, unless the provider has been paid or remunerated by a third party for the political advertisement.

Amendment 7

Proposal for a regulation

Recital 19 a (new)

Text proposed by the Commission	Amendment
	(19a) Media literacy is central to allow citizens to use media effectively and safely. It is also an essential skill for the public to benefit from the access to information on political advertisement provided by this Regulation. Therefore, it is important to promote the development of media literacy in Member States and at Union level, in all sections of the society, for citizens of all ages.

Amendment 8

Proposal for a regulation

Recital 26

Text proposed by the Commission	Amendment
(26) In order to cover the broad range of relevant service providers connected to political advertising services, providers of political advertising services should be understood as comprising providers involved in the preparation, placement, promotion, publication and dissemination of political advertising.	(26) In order to cover the broad range of relevant service providers connected to political advertising services, providers of political advertising services should be understood as comprising providers involved in the preparation, purchase, placement, publication, promotion and dissemination of political advertising.

Amendment 9

Proposal for a regulation

Recital 39

Text proposed by the Commission	Amendment
(39) This information should be provided in a transparency notice which should also include the identity of the sponsor, in order to support accountability in the political process. The place of establishment of the sponsor and whether the sponsor is a natural or legal person should be clearly indicated. Personal data concerning individuals involved in political advertising, unrelated to the sponsor or other involved political actor should not be provided in the transparency notice. The transparency notice should also contain information on the dissemination period, any linked election, the amount spent for and the value of other benefits received in part or full exchange for the specific advertisement as well for the entire advertising campaign, the source of the funds used and other information to ensure the fairness of the dissemination of the political advertisement. Information on the source of the funds used concerns for instance its public or private origin, the fact that it originates from inside or outside the European Union. Information concerning linked elections or referendums should include, when possible, a link to information from official sources regarding the organisation and modalities for participation or for promoting participation in those elections or referendums. The transparency notice should further include information on how to flag political advertisements in accordance with the procedure established in this Regulation. This requirement should be without prejudice to provisions on notification according to Article 14, 15 and 19 of Regulation (EU) 2021/XXX [Digital Services Act].	(39) This information should be provided in a transparency notice which should also include the identity of the sponsor and, where applicable, the entity or person ultimately controlling or financing the sponsor, in order to support accountability in the political process. The place of establishment of the sponsor and whether the sponsor is a natural or legal person should be clearly indicated. The same rules should apply to the entity or person ultimately controlling the sponsor. Personal data concerning individuals involved in political advertising, unrelated to the sponsor or other involved political actor should not be provided in the transparency notice. The transparency notice should also contain information on the placement, publication, promotion and dissemination period, any linked election, the amount spent for and the value of other benefits received in part or full exchange for the specific advertisement as well for the entire advertising campaign, the source of the funds used and other information to ensure the fairness of the dissemination of the political advertisement. Information on the source of the funds used concerns for instance its public or private origin, the fact that it originates from inside or outside the European Union. Information concerning linked elections or referendums should include, when possible, a link to information from official sources regarding the organisation and modalities for participation or for promoting participation in those elections or referendums. The transparency notice should further include information on how to flag political advertisements in accordance with the procedure established in this Regulation. This requirement should be without prejudice to provisions on notification according to Article 14, 15 and 19 of Regulation (EU) 2021/XXX [Digital Services Act]. Providers of political advertising services should ensure that the information provided is complete and correct.

Amendment 10

Proposal for a regulation

Recital 40

Text proposed by the Commission	Amendment
(40) ‎The information to be included in the transparency notice should be provided in the advertisement itself or be easily retrievable on the basis of an indication provided in the advertisement. The requirement that the information about the transparency notice is to be inter alia clearly visible should entail that it features prominently in or with the advertisement. The requirement that information published in the transparency notice is to be easily accessible, machine readable where technically possible, and user friendly should entail that it addresses the needs of people with disabilities. Annex I of Directive 2019/882 (European Accessibility Act) contains accessibility requirements for information, including digital information that should be used to render political information accessible for persons with disabilities.	(40) The information to be included in the transparency notice should be provided in the advertisement itself or be easily retrievable on the basis of an indication provided in the advertisement. The presentation of the information can vary depending on the means used, taking into account the character of offline advertising. In order to easily retrieve the information in the transparency notice, use could be made for instance of a link to a dedicated webpage, onscreen or via audio means, a Quick Response code (QR code) or equivalent user-friendly technical measures. The advertising publisher should ensure that the information about the transparency notice is to be inter alia clearly visible and should feature prominently in or with the advertisement. The requirement that information published in the transparency notice is to be easily accessible, machine readable where technically possible, and user friendly should entail that it addresses the needs of people with disabilities. Annex I of Directive (EU) 2019/882 (European Accessibility Act) contains accessibility requirements for information, including digital information that should be used to render political information accessible for persons with disabilities. Interacting with the link or other equivalent means to access the transparency notice should not on its own be understood as engaging with the corresponding political advertisement.

Amendment 11

Proposal for a regulation

Recital 42

Text proposed by the Commission	Amendment
(42) Since political advertising publishers make political advertisements available to the public, they should publish or disseminate that information to the public together with the publication or dissemination of the political advertisement. Political advertising publishers should not make available to the public those political advertisements not fulfilling the transparency requirements under this Regulation. In addition, political advertising publishers which are very large online platforms within the meaning of Regulation (EU) 2021/XXX [Digital Services Act] should make the information contained in the transparency notice available through the repositories of advertisements published pursuant to Article 30 Regulation [Digital Services Act] . This will facilitate the work of interested actors including researchers in their specific role to support free and fair elections or referendums and fair electoral campaigns including by scrutinising the sponsors of political advertisement and analysing the political advertisement landscape.	(42) Since political advertising publishers make political advertisements available to the public, they should place, publish, promote or disseminate that information in the transparency notice to the public together with the placement, publication, promotion or dissemination of the political advertisement. Political advertising publishers should not make available to the public those political advertisements not fulfilling the transparency requirements under this Regulation. In addition, political advertising publishers which are very large online platforms and very large online search engines within the meaning of Regulation (EU) 2021/XXX [Digital Services Act] should make the information contained in the transparency notice available through the repositories of advertisements published pursuant to Article 30 Regulation [Digital Services Act]. Political advertising publishers which are not very large online platforms or very large online search engines within the meaning of Regulation (EU) 2021/XXX [Digital Services Act] should make available in a repository the information contained in the transparency notice. It is necessary that very large online platforms and very large online search engines ensure real-time access to such information. Given the context of political advertisement and its impact on democratic processes, public accountability and regulatory supervision are needed to enable individuals to make informed political decisions free from interference or manipulation. This will facilitate public scrutiny and the work of interested actors including researchers in their specific role to support free and fair elections or referendums and fair electoral campaigns including by scrutinising the sponsors of political advertisement and analysing the political advertisement landscape.

Amendment 12

Proposal for a regulation

Recital 57

Text proposed by the Commission	Amendment
(57) As regards the supervision of online intermediary services under this Regulation, Member States should designate competent authorities and ensure that such supervision is coherent with the competent authorities designated pursuant to Article 38 of Regulation (EU) [Digital Services Act]. Digital Services Coordinators, pursuant to Regulation (EU) Digital Services Act, in each Member State should in any event be responsible for ensuring coordination at national level in respect to those matters and engage, where necessary, cross-border cooperation with other Digital Services Coordinators following the mechanisms laid down in Regulation (EU) [Digital Services Act]. In the framework of application of this Regulation, this mechanism should be limited to the national cooperation across Digital Services Coordinators [and should not include the escalation to the Union level as provided by the Regulation (EU) [Digital Services Act].	(57) As regards the supervision of online intermediary services under this Regulation, Member States should designate competent authorities and ensure that such supervision is coherent with the competent authorities designated pursuant to Article 38 of Regulation (EU) [Digital Services Act] and with the competent authorities for the monitoring of the application of Directive 2010/13/EU of the European Parliament and of the Council1a, in light of the competences and powers conferred on such authorities pursuant to Directive (EU) 2018/1808 of the European Parliament and of the Council1b. Depending the scope of the issue, Digital Services Coordinators, pursuant to Regulation (EU) Digital Services Act or the national authorities responsible for the application of Directive 2010/13/EU, in each Member State should in any event be responsible for ensuring coordination at national level in respect to those matters and engage, where necessary, cross-border cooperation with other Digital Services Coordinators following the mechanisms laid down in Regulation (EU) [Digital Services Act], or with the mechanism laid down in Article 29 of Directive 2010/13/EU. In the framework of application of this Regulation, these mechanisms should be limited to the national cooperation across Digital Services Coordinators or national authorities monitoring the application of Directive 2010/13/EU.
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	1a 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 (OJ L 95, 15.4.2010, p. 1).
	1b Directive (EU) 2018/1808 of the European Parliament and of the Council of 14 November 2018 amending Directive 2010/13/EU 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) in view of changing market realities (OJ L 303, 28.11.2018, p. 69).

Amendment 13

Proposal for a regulation

Recital 58

Text proposed by the Commission	Amendment
(58) For the oversight of those aspects of this Regulation that do not fall within the competence of the supervisory authorities under Regulation (EU) 2016/679, Regulation (EU) 2018/725 Member States should designate competent authorities. To support the upholding of fundamental rights and freedoms, the rule of law, democratic principles and public confidence in the oversight of political advertising it is necessary that such authorities are structurally independent from external intervention or political pressure and are appropriately empowered effectively monitor and take the measures necessary to ensure compliance with this Regulation, in particular the obligations laid down in Article 7. Member States may designate, in particular, the national regulatory authorities or bodies under Article 30 of Directive 2010/13/EU of the European Parliament and of the Council13 .	(58) For the oversight of those aspects of this Regulation that do not fall within the competence of the supervisory authorities under Regulation (EU) 2016/679, Regulation (EU) 2018/725, and Directive 2010/13/EU, Member States should designate competent authorities. To support the upholding of fundamental rights and freedoms, the rule of law, democratic principles and public confidence in the oversight of political advertising it is necessary that such authorities are structurally independent from external intervention or political pressure and are appropriately empowered effectively monitor and take the measures necessary to ensure compliance with this Regulation, in particular the obligations laid down in Article 7. Member States should designate the national regulatory authorities or bodies under Article 30 of Directive 2010/13/EU of the European Parliament and of the Council13.
__________________	__________________
13 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 (OJ L 95, 15.4.2010, p. 1).	13 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 (OJ L 95, 15.4.2010, p. 1).

Amendment 14

Proposal for a regulation

Recital 59

Text proposed by the Commission	Amendment
(59) Where rules already exist under Union law regarding the provision of information to competent authorities and cooperation with and between those authorities such as Article 9 of Regulation (EU) 2021/xxx [Digital Services Act], or those contained in Regulation (EU) 2016/679, those rules should apply mutatis mutandis to the relevant provisions of this Regulation.	(59) Where rules already exist under Union law regarding the provision of information to competent authorities and cooperation with and between those authorities such as Article 9 of Regulation (EU) 2021/xxx [Digital Services Act], or those contained in Regulation (EU) 2016/679, or in Directive 2010/13/EU, those rules should apply mutatis mutandis to the relevant provisions of this Regulation.

Amendment 15

Proposal for a regulation

Recital 62

Text proposed by the Commission	Amendment
(62) Member States should designate a contact point at Union level for the purpose of this Regulation. The contact point should, if possible, be a member of the European Cooperation Network on Elections. The contact point should facilitate cooperation among competent authorities between Member States in their supervision and enforcement tasks, in particular by intermediating with the contact points in other Member States and with the competent authorities in their own.	(62) Member States should designate a contact point at Union level for the purpose of this Regulation. The contact point should use already existing structures of the European Cooperation Network on Elections or the European Regulators Group for Audiovisual Media Services (ERGA). The contact point should facilitate cooperation among competent authorities between Member States in their supervision and enforcement tasks, in particular by intermediating with the contact points in other Member States and with the competent authorities in their own.

Amendment 16

Proposal for a regulation

Recital 63

Text proposed by the Commission	Amendment
(63) Member States authorities should ensure that infringements of the obligations laid down in this Regulation are sanctioned by administrative fines or financial penalties. When doing so, they should take into account the nature, gravity, recurrence and duration of the infringement in view of the public interest at stake, the scope and kind of activities carried out, as well as the economic capacity of the infringer. In that context, the crucial role played by the obligations laid down in Article 7 for the effective pursuit of the objectives of the present Regulation should be taken into account. Furthermore, they should take into account whether the service provider concerned systematically or recurrently fails to comply with its obligations stemming from this Regulation, including by delaying the provision of information to interested entities, as well as, where relevant, whether the provider of political advertising services is active in several Member States. Financial penalties and administrative fines shall in each individual case be effective, proportionate and dissuasive, with due regard to the provision of sufficient and accessible procedural safeguards, and in particular to ensure that the political debate remains open and accessible.	(63) Member States authorities should ensure that infringements of the obligations laid down in this Regulation are sanctioned by administrative fines or financial penalties When doing so, they should take into account the nature, gravity, recurrence and duration of the infringement in view of the public interest at stake, the scope and kind of activities carried out, as well as the size and economic capacity of the infringer. In that context, the crucial role played by the obligations laid down in Articles 5 and Article 7 for the effective pursuit of the objectives of the present Regulation should be taken into account and infringements of those Articles should be regarded as particularly serious. Furthermore, they should take into account whether the service provider concerned systematically or recurrently fails to comply with its obligations stemming from this Regulation, including by delaying the provision of information to interested entities, as well as, where relevant, whether the provider of political advertising services is active in several Member States. Financial penalties and administrative fines shall in each individual case be effective, proportionate and dissuasive, with due regard to the provision of sufficient and accessible procedural safeguards, and in particular to ensure that the political debate remains open and accessible.

Amendment 17

Proposal for a regulation

Article 1 – paragraph 4 – point f

Text proposed by the Commission	Amendment
(f) Directive (EU) 2010/13;	(f) Directive 2010/13/EU;

Amendment 18

Proposal for a regulation

Article 2 – paragraph 1 – point 2

Text proposed by the Commission	Amendment
2. ‘political advertising’ means the preparation, placement, promotion, publication or dissemination, by any means, of a message:	2. ‘political advertising’ means the preparation, purchase, placement, promotion, publication promotion or dissemination, by any means, of a message:
(a) by, for or on behalf of a political actor, unless it is of a purely private or a purely commercial nature; or	(a) by, for or on behalf of a political actor, unless it is of a purely private or a purely commercial nature; or
(b) which is liable to influence the outcome of an election or referendum, a legislative or regulatory process or voting behaviour.	(b) which is liable and designed to influence the outcome of an election or referendum, a legislative or regulatory process or voting behaviour by influencing the public opinion on societal issues.
	This notion does not include political views or other editorial content expressed under the editorial responsibility of a media service provider, within the meaning of Article 1(1), points (c) and (d), respectively, of Directive 2010/13/EU, in the programmes of audio and audiovisual media, including linear or non-linear broadcasts, or published in printed or online media, unless the provider has been paid or remunerated by a third party for such content.

Amendment 19

Proposal for a regulation

Article 2 – paragraph 1 – point 5

Text proposed by the Commission	Amendment
5. ‘political advertising service’ means a service consisting of political advertising with the exception of an online intermediary service within the meaning of Article 2(f) of Regulation (EU) 2021/XXX [Digital Services Act] that is provided without consideration for the placement, publication or dissemination for the specific message;	5. ‘political advertising service’ means a service which is normally provided against direct payment or equivalent remuneration, consisting in particular of the preparation, purchase, placement, publication, promotion or dissemination of a political advertisement, without including an online intermediary service within the meaning of Article 2(f) of Regulation (EU) 2021/XXX [Digital Services Act] that is provided without consideration for the placement, publication or dissemination for the specific message;

Amendment 20

Proposal for a regulation

Article 2 – paragraph 1 – point 11

Text proposed by the Commission	Amendment
11. ‘political advertising publisher’ means a natural or legal person that broadcasts, makes available through an interface or otherwise brings to the public domain political advertising through any medium;	11. ‘political advertising publisher’ means a natural or legal person that broadcasts, makes available through an interface or otherwise disseminates, places, publishes, promotes or delivers political advertising through any medium;

Amendment 21

Proposal for a regulation

Article 7 – paragraph 1 – point a

Text proposed by the Commission	Amendment
(a) a statement to the effect that it is a political advertisement;	(a) a clear statement to the effect that it is a political advertisement:

Amendment 22

Proposal for a regulation

Article 7 – paragraph 1 – point b

Text proposed by the Commission	Amendment
(b) the identity of the sponsor of the political advertisement and the entity ultimately controlling the sponsor;	(b) the identity of the sponsor of the political advertisement and, where applicable, the entity ultimately controlling or financing the sponsor;

Amendment 23

Proposal for a regulation

Article 7 – paragraph 1 – point c

Text proposed by the Commission	Amendment
(c) a transparency notice to enable the wider context of the political advertisement and its aims to be understood, or a clear indication of where it can be easily retrieved.	(c) a transparency notice to explain the wider context of the political advertisement and its aims, or a clear indication of where it can be easily retrieved.

Amendment 24

Proposal for a regulation

Article 7 – paragraph 2 – introductory part

Text proposed by the Commission	Amendment
2. The transparency notice shall be included in each political advertisement or be easily retrievable from it, and shall include the following information:	2. The transparency notice shall be included in each political advertisement or be easily retrievable from it, and shall include the following information in a clear format:

Amendment 25

Proposal for a regulation

Article 7 – paragraph 2 – point a

Text proposed by the Commission	Amendment
(a) the identity of the sponsor and contact details;	(a) the identity of the sponsor of the political advertisement, its place of establishment and up-to-date contact details and, where applicable, the entity ultimately controlling or financing the sponsor;

Amendment 26

Proposal for a regulation

Article 7 – paragraph 2 – point b

Text proposed by the Commission	Amendment
(b) the period during which the political advertisement is intended to be published and disseminated;	(b) the period during which the political advertisement is intended to be placed, published, promoted and disseminated;

Amendment 27

Proposal for a regulation

Article 7 – paragraph 2 – point c

Text proposed by the Commission	Amendment
(c) based among others on information received in line with Article 6(3), information on the aggregated amounts spent or other benefits received in part or full exchange for the preparation, placement, promotion, publication and dissemination of the relevant advertisement. and of the political advertising campaign where relevant, and their sources;	(c) based among others on information received in line with Article 6(3), information on the sources, aggregated amounts spent or other benefits received in part or full exchange for the preparation, placement, promotion, publication and dissemination of the relevant advertisement, and, in the case of political advertisement that is part of a political advertising campaign, information on the sources of the aggregated amounts;

Amendment 28

Proposal for a regulation

Article 7 – paragraph 2 – point e

Text proposed by the Commission	Amendment
(e) where applicable, links to online repositories of advertisements;	(e) where applicable, links to online repositories of political advertisements;

Amendment 29

Proposal for a regulation

Article 7 – paragraph 2 a (new)

Text proposed by the Commission	Amendment
	2a. For the purposes of paragraphs 1 and 2, the specificities of the medium of publication shall be taken into account in particular to adapt the modalities to audiovisual media services, radio and press;

Amendment 30

Proposal for a regulation

Article 7 – paragraph 2 b (new)

Text proposed by the Commission	Amendment
	2b. Sponsors shall ensure that the information referred to in paragraphs 1 and 2 is complete and correct.

Amendment 31

Proposal for a regulation

Article 7 – paragraph 3

Text proposed by the Commission	Amendment
3. Political advertising publishers shall make reasonable efforts to ensure that the information referred to in paragraph 1 and 2 is complete, and where they find this is not the case, they shall not make available the political advertisement.	3. Political advertising publishers shall ensure that the information referred to in paragraph 1 and 2 is complete, and where they find this is not the case, the political advertising publishers shall complete that information. Until such information is completed, the political advertising publisher shall not make the political advertisement available and shall inform the relevant service providers and the sponsor accordingly.

Amendment 32

Proposal for a regulation

Article 7 – paragraph 3 a (new)

Text proposed by the Commission	Amendment
	3a. Where, after a political advertisement is published, the political advertising publisher becomes aware that the information referred in paragraphs 1 and 2 is not accurate and complete, it shall request the sponsor or the relevant service providers, to correct or complete that information expeditiously.

Amendment 33

Proposal for a regulation

Article 7 – paragraph 4

Text proposed by the Commission	Amendment
4. Transparency notices shall be kept up to date and presented in a format which is easily accessible and, where technically possible, machine readable, clearly visible and user friendly, including through the use of plain language. The information shall be published by the political advertising publisher with the political advertisement from its first publication until one year after its last publication.	4. Transparency notices shall be kept up to date and presented in a format which is easily accessible and clearly visible and machine readable, user friendly, including through the use of plain language, and where applicable, accessible for people with disabilities or impairments. The information shall be published by the political advertising publisher with the political advertisement from its first publication until one year after its last publication. Interacting with the link or other equivalent means to access the transparency notice shall not on its own be understood as engaging with the corresponding political advertisement.

Amendment 34

Proposal for a regulation

Article 7 – paragraph 6

Text proposed by the Commission	Amendment
6. Political advertising publishers which are very large online platforms within the meaning of Article 25 of Regulation (EU) 2021/xxx [the DSA] shall ensure that the repositories that they make available pursuant to Article 30 of that regulation [Digital Services Act] make available for each political advertisement in the repository the information referred to in paragraph 2.	6. Political advertising publishers which are very large online platforms within the meaning of Article 25 of Regulation (EU) 2021/xxx [the DSA] or very large online search engines within the meaning of Article 33a of Regulation (EU) 2021/xxx [the DSA] shall ensure that the repositories that they make available pursuant to Article 30 of that regulation [Digital Services Act] make available for each political advertisement in a dedicated repository the information referred to in paragraph 2 and ensure real-time access to such information.

Amendment 35

Proposal for a regulation

Article 7 – paragraph 6 a (new)

Text proposed by the Commission	Amendment
	6a. Political advertising publishers which are not very large online platforms or very large search engines within the meaning of Regulation (EU) 2021/xxx [the DSA] shall make available the information referred to in paragraph 2 of this Article in a dedicated repository.
	The Commission shall adopt a delegated act in accordance with Article 19 in order to supplement this Regulation by setting out rules on the structure, organisation and functionalities of the repositories referred to in the first subparagraph.
	The Commission shall adopt such a delegated act [by day/month/year] on the basis of an impact assessment on the possible options to implement the requirement laid down therein. The obligation set out in the first subparagraph shall apply [X] months after the entry into force of the delegated act referred to in the second subparagraph

Amendment 36

Proposal for a regulation

Article 7 – paragraph 8

Text proposed by the Commission	Amendment
8. The Commission is empowered to adopt delegated acts in accordance with Article 19 to amend Annex I by adding, modifying or removing elements from the list of information to be provided pursuant to paragraph 2 where, in the light of technological developments, such an amendment is necessary for the wider context of the political advertisement and its aims to be understood.	8. The Commission is empowered to adopt delegated acts in accordance with Article 19 to amend Annex I by adding, modifying or removing elements from the list of information to be provided pursuant to paragraph 2 where, in the light of technological developments, relevant scientific research, developments in supervision by competent authorities and relevant guidance issued by competent bodies, such an amendment is necessary for the wider context of the political advertisement and its aims to be understood.

Amendment 37

Proposal for a regulation

Article 9 – paragraph 4 a (new)

Text proposed by the Commission	Amendment
	4a. In the case of offline political advertising services, printed media and small media enterprises, the obligations laid down in this Article shall apply taking into account the specificities of those services and of those types of media.

Amendment 38

Proposal for a regulation

Article 15 – paragraph 1 a (new)

Text proposed by the Commission	Amendment
	1a. The national regulatory authorities or bodies referred in Article 30 of Directive 2010/13/EU shall have the power to monitor the application of this Regulation with regard to provisions of Directive 2010/13/EU and shall be responsible for ensuring coordination on those provisions at national and Union level. Articles 30a and 30b of Directive 2010/13/EU shall apply mutatis mutandis.

Amendment 39

Proposal for a regulation

Article 15 – paragraph 3

Text proposed by the Commission	Amendment
3. Each Member State shall designate one or more competent authorities to be responsible for the application and enforcement of the aspects of this Regulation not referred to in paragraphs 1 and 2. Each competent authority designated under this paragraph shall structurally enjoy full independence both from the sector and from any external intervention or political pressure. It shall in full independence effectively monitor and take the measures necessary and proportionate to ensure compliance with this Regulation.	3. Each Member State shall designate one or more competent authorities to be responsible for the application and enforcement of the aspects of this Regulation not referred to in paragraphs 1, 1a and 2. Each competent authority designated under this paragraph shall structurally enjoy full independence both from the sector and from any external intervention or political pressure. It shall in full independence effectively monitor and take the measures necessary and proportionate to ensure compliance with this Regulation.

Amendment 40

Proposal for a regulation

Article 15 – paragraph 6

Text proposed by the Commission	Amendment
6. Member States shall ensure cooperation among competent authorities in particular in the framework of national elections networks, to facilitate the swift and secured exchange of information on issues connected to the exercise of their supervisory and enforcements tasks pursuant to this Regulation, including by jointly identifying infringements, sharing findings and expertise, and liaising on the application and enforcement of relevant rules.	6. Member States shall ensure cooperation among competent authorities in particular in the framework of national elections networks and in the European Regulators Group for Audiovisual Media Services (‘ERGA’), to facilitate the swift and secured exchange of information on issues connected to the exercise of their supervisory and enforcements tasks pursuant to this Regulation, including by jointly identifying infringements, sharing findings and expertise, and liaising on the application and enforcement of relevant rules.

Amendment 41

Proposal for a regulation

Article 15 – paragraph 7

Text proposed by the Commission	Amendment
7. Each Member State shall designate one competent authority as a contact point at Union level for the purposes of this Regulation.	7. Each Member State shall designate competent authorities as a contact point at Union level for the purposes of this Regulation, and shall ensure a comprehensive cooperation between their national authorities and the Commission.

Amendment 42

Proposal for a regulation

Article 15 – paragraph 9

Text proposed by the Commission	Amendment
9. Contact points shall meet periodically at Union level in the framework of the European Cooperation Network on Elections to facilitate the swift and secured exchange of information on issues connected to the exercise of their supervisory and enforcements tasks pursuant to this Regulation.	9. Contact points shall meet periodically at Union level in the framework of the European Cooperation Network on Elections or of ERGA to facilitate the swift and secured exchange of information on issues connected to the exercise of their supervisory and enforcements tasks pursuant to this Regulation.

Amendment 43

Proposal for a regulation

Article 16 – paragraph 3 – point e a (new)

Text proposed by the Commission	Amendment
	(ea) the size and economic capacity of the political advertising service provider.

Amendment 44

Proposal for a regulation

Article 16 – paragraph 4

Text proposed by the Commission	Amendment
4. Infringements of Article 7 shall be considered to be particularly serious where they concern political advertising published or disseminated during an electoral period and directed to citizens in the Member State in which the relevant election is being organised.	4. Infringements of Articles 5 and 7 shall be considered to be particularly serious where they concern political advertising published or disseminated during an electoral period or directed to citizens in the Member State in which the relevant election or referendum is being organised.

Amendment 45

Proposal for a regulation

Annex I – point b

Text proposed by the Commission	Amendment
(b) the identity and place of establishment of the sponsor on behalf of whom the advertisement is disseminated including their name, address, telephone number and electronic mail address, and whether they are a natural or legal entity.	(b) the identity and place of establishment of the sponsor on behalf of whom the advertisement is prepared, placed, published, promoted and disseminated including their name, address, telephone number and electronic mail address, and whether they are a natural or legal entity.

Amendment 46

Proposal for a regulation

Annex I – point d

Text proposed by the Commission	Amendment
(d) any election with which the advertising is linked, if applicable.	(d) any election or referendum with which the advertising is linked, if applicable.