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2016/0279(COD)
Cross-border exchange between the Union and third countries of accessible format copies of certain works and other subject-matter protected by copyright and related rights for the benefit of persons who are blind, visually impaired or otherwise print disabled
Cross-border exchange between the Union and third countries of accessible format copies of certain works and other subject-matter protected by copyright and related rights for the benefit of persons who are blind, visually impaired or otherwise print disabled 2016/0279(COD)
Lead committee dossier: JURI/8/07957
Legal basis: TFEU TFEU 114
| CULT | EMPL | INTA | JURI | JURI | PETI | |
| Lead Rapporteur | ANDERSSON Max (Verts/ALE) | |||||
| Opinion Rapporteur(s) | DZHAMBAZKI Angel (ECR) | STEVENS Helga (ECR) | GUTELAND Jytte (S&D) | AUKEN Margrete (Verts/ALE) |
Legal basis: TFEU TFEU 114
Awaiting signature of act
2016/0279(COD) Cross-border exchange between the Union and third countries of accessible format copies of certain works and other subject-matter protected by copyright and related rights for the benefit of persons who are blind, visually impaired or otherwise print disabled
Lead committee dossier: JURI/8/07957
Legal Basis TFEU TFEU 114
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Opinion | CULT | DZHAMBAZKI Angel (ECR) | |
| Opinion | EMPL | STEVENS Helga (ECR) | |
| Opinion | INTA | ||
| Lead | JURI | ANDERSSON Max (Verts/ALE) | ESTARÀS FERRAGUT Rosa (EPP), NEGRESCU Victor (S&D), DZHAMBAZKI Angel (ECR), CAVADA Jean-Marie (ALDE), MAŠTÁLKA Jiří (GUE/NGL), ADINOLFI Isabella (EFD), BOUTONNET Marie-Christine (ENF) |
| Opinion | JURI | GUTELAND Jytte (S&D) | |
| Opinion | PETI | AUKEN Margrete (Verts/ALE) |
Legal Basis TFEU TFEU 114
Subjects
Activites
- #3556
-
2017/07/17
Council Meeting
-
2017/07/17
Act adopted by Council after Parliament's 1st reading
-
2017/07/06
Debate in Parliament
- Debate in Parliament
-
T8-0313/2017
summary
The European Parliament adopted by 610 votes to 21, with 1 abstention, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council on the cross-border exchange between the Union and third countries of accessible format copies of certain works and other subject-matter protected by copyright and related rights for the benefit of persons who are blind, visually impaired or otherwise print disabled. The position of the European Parliament adopted at first reading following the ordinary legislative procedure amended the Commission proposal as follows: Objectives: the Regulation would establish uniform rules on the cross-border exchange of accessible copies of certain works between the Union and third countries which are parties to the Marrakesh Treaty without the consent of the rights holders being obtained to the benefit of the blind, the visually impaired and those with other difficulties reading printed texts. The Marrakesh Treaty to Facilitate Access to Published Works for Persons who are Blind, Visually Impaired or Otherwise Print Disabled was signed on behalf of the Union on 30 April 2014. This Treaty requires the Contracting Parties to provide for exceptions or limitations to copyright and neighbouring rights for the production and distribution of accessible copies of certain works and other protected subject-matter and for the cross-border exchange of such copies. More specifically, the regulation should ensure that accessible copies of books, including e-books, magazines, newspapers, magazines and other writings, notations, including sheet music, and related illustrations, in any media, including in audio for such as audiobooks and in digital format, which have been made in any Member State can be distributed, communicated or made available to a blind person or an 'authorised entity' (e.g. a public institution or a non-profit organisation) in third countries which are parties to the Marrakesh Treaty. Accessible formats would include, for example, Braille, large print, e-books, adapted e-books, audiobooks and radio broadcasts. Obligations applicable to authorised entities: the latter should (i) take measures to prevent the reproduction, distribution or making available to the unauthorised public of copies in accessible format; (ii) publish and update, on their websites where appropriate, or through various other online or offline channels, information on how they comply with the obligations set out in the Regulation. The amended text stresses that, under the EU Charter of Fundamental Rights, all forms of discrimination, including those based on disability, are prohibited and the Union recognizes and respects the right of persons with disabilities to Measures to ensure their autonomy, social and occupational integration and participation in the life of the community.
- 2017/05/30 Approval in committee of the text agreed at 1st reading interinstitutional negotiations
-
2017/03/29
Committee report tabled for plenary, 1st reading/single reading
-
A8-0102/2017
summary
The Committee on Legal Affairs adopted the report by Max ANDERSSON (Greens/EFA, SE) on the proposal for a regulation of the European Parliament and of the Council on the cross-border exchange between the Union and third countries of accessible format copies of certain works and other subject-matter protected by copyright and related rights for the benefit of persons who are blind, visually impaired or otherwise print disabled. The committee recommended that the European Parliaments position, adopted at first reading following the ordinary legislative procedure, should amend the Commission proposal as follows: Subject matter: Members stipulated that the Regulation should aim to effectively ensure the right of persons who are blind, visually impaired or otherwise print disabled to participate in cultural, economic and social life on an equal basis with others. They introduced a reference to Article 26 of the Charter of Fundamental Rights of the European Union and the United Nations Convention on the Rights of Persons with Disabilities. E-books should be included in the definition of protected works. Definitions: Members proposed to harmonise the definition of beneficiary person with the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled. They also supplemented the definition of authorised entity proposed by the Commission. It shall mean an organisation authorised or recognised by the Member States in which it is established. Complaints mechanism: an amendment called on Member States to put in place complaints or redress mechanisms in cases where beneficiaries are denied the permitted uses. Obligations of authorised entities: they shall: (i) respect the privacy of beneficiary persons; (ii) publish and update, on its website if appropriate, or through other online or offline channels, information on the manner in which it complies with the obligations laid down in this Regulation; (iii) provide information in an accessible way, on request, to any beneficiary person or right holder. Exchanges of information: Member States shall foster the exchange of information and best practices amongst authorised entities so as to effectively promote access to adapted works or subject-matter. They shall facilitate the agreement of best practice guidelines between representative groups of authorised entities that engage in the production, distribution or making available of accessible format copies, and users and right holders. Members suggested the creation of a single online database in the Union in order to foster the export of accessible format copies and born accessible publications. Strategic plan: lastly, the European Commission shall present, within one year, a strategic action plan to promote the objectives of the Marrakesh Treaty with special emphasis on ensuring widespread cross-border exchange with third countries, providing educational and cultural works for visually impaired persons.
- CULT DZHAMBAZKI Angel ECR
- EMPL STEVENS Helga ECR
- INTA
- JURI JURI/8/07957 ANDERSSON Max Verts/ALE
- JURI GUTELAND Jytte S&D
- PETI AUKEN Margrete Verts/ALE
-
A8-0102/2017
summary
-
2017/03/23
Committee decision to open interinstitutional negotiations with report adopted in committee
- 2017/03/23 Vote in committee, 1st reading/single reading
- #3503
- 2016/11/28 Council Meeting
- 2016/10/06 Committee referral announced in Parliament, 1st reading/single reading
-
2016/09/14
Legislative proposal published
-
COM(2016)0595
summary
PURPOSE: to implement the Unions obligations under the Marrakesh Treaty in respect of the exchange of accessible format copies between the Union and third countries that are parties to the Marrakesh Treaty, for the benefit of persons who are blind, visually impaired or otherwise print disabled. PROPOSED ACT: Regulation of the European Parliament and of the Council. ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with Council. BACKGROUND: persons who are blind, visually impaired, or otherwise print disabled face many barriers to accessing books and other print material protected by copyright and related rights. The availability of books in formats that are accessible to print-disabled persons is estimated to be between 7 % and 20% despite the fact that digital technology greatly facilitates accessible publishing. Accessible formats include e.g. Braille, large print, e-books and audiobooks with special navigation, audio description and radio broadcasts. The need to increase the number of works and other protected subject-matter in accessible formats available to those persons and improve their circulation and dissemination has been recognised at an international level. The Marrakesh Treaty was adopted in 2013 at the World Intellectual Property Organisation (WIPO) with the aim of facilitating the availability and cross-border exchange of books and other print material in accessible formats around the world. It was signed by the Union in April 2014. The Treaty requires the parties to provide exceptions or limitations to copyright and related rights and allows for the cross-border exchange of special format copies of books, including audio books, and other print material between countries that are parties to the Treaty. In order to implement the Marrakesh Treaty within the Union, a parallel proposal requires Member States to introduce a mandatory exception to certain rights of right holders harmonised by Union law for the benefit of beneficiary persons and to ensure cross-border access to special format copies within the internal market. Together with the draft directive mentioned above, the proposed regulation will allow the Union to fulfil an international obligation under the Marrakesh Treaty to facilitate access to published works for Persons who are blind, visually impaired, or otherwise print disabled. CONTENT: the proposed regulation aims to implement the obligations in the Marrakesh Treaty with respect to the export and import of accessible format copies for the benefit of beneficiary persons between the Union and third countries that are parties to the Marrakesh Treaty, and to lay down the conditions for such export and import. The proposed regulation: contains provisions on the export of accessible format copies from the Union to third countries; contains provisions on the import of accessible format copies from third countries to the Union; serves to specify the obligations that authorised entities are required to fulfil when exchanging accessible format copies with third countries; sets out the applicable rules for the protection of personal data; sets out the arrangements on the evaluation of the regulation, in accordance with better regulation rules. The proposed regulation supports the right of persons with disabilities to benefit from measures designed to ensure their independence, social and occupational integration and participation in the life of the community, as enshrined in Article 26 of the Charter of Fundamental Rights of the European Union. It also reflects the Union's commitments under the United Nations Convention on the Rights of Persons with Disabilities.
- DG {u'url': u'http://ec.europa.eu/digital-single-market/dg-connect', u'title': u'Communications Networks, Content and Technology'}, OETTINGER Günther
-
COM(2016)0595
summary
Documents
- Legislative proposal published: COM(2016)0595
- Debate in Council: 3503
- Committee report tabled for plenary, 1st reading/single reading: A8-0102/2017
- Approval in committee of the text agreed at 1st reading interinstitutional negotiations: PE604.882 GEDA/A/(2017)006533
- Debate in Parliament: Debate in Parliament
- Decision by Parliament, 1st reading/single reading: T8-0313/2017
Votes
A8-0102/2017 - Max Andersson - Am 32
2017/07/06
| Position | Total | ALDE | ECR | EFDD | ENF | GUE/NGL | NI | PPE | S&D | Verts/ALE | correctional |
| For | 610 | 60 | 60 | 16 | 28 | 45 | 13 | 186 | 164 | 38 | 0 |
| Against | 21 | 0 | 0 | 16 | 4 | 0 | 1 | 0 | 0 | 0 | 0 |
| Abstain | 1 | 0 | 0 | 0 | 0 | 0 | 1 | 0 | 0 | 0 | 0 |
| Amendments | Dossier |
| 130 |
2016/0279(COD) Cross-border exchange between the Union and third countries of accessible format copies of certain works and other subject-matter protected by copyright and related rights for the benefit of persons who are blind, visually impaired or otherwise print disabled
2016/11/23
JURI, JURI
4 amendments...
Amendment 1 #
Proposal for a regulation Recital 5 a (new) (5 a) Government guidelines or best practices with regard to the provision of accessible format copies to beneficiary entities, such as library associations and library consortia, together with other authorised entity producers of accessible format copies, as well as with users and right-holders.
Amendment 2 #
Proposal for a regulation Article 5 – paragraph 1 – introductory part 1. An authorised entity established in a Member State carrying out the acts referred to in Articles 3 and 4 shall establish and follow its own practices to ensure that:
Amendment 3 #
Proposal for a regulation Article 5 – paragraph 2 – subparagraph 2 (new) Member States shall assist their authorised entities to make information available regarding their practices under Articles 3 and 4, both by the sharing of information among authorised entities, and by making available information on their policies and practices, including those related to the cross-border exchange of accessible format copies, to interested
Amendment 4 #
Proposal for a regulation Article 6 – paragraph 1 The processing of personal data carried out within the framework of this Regulation shall be carried out in compliance with Directive 95/46/EC, Directive 2002/58/EC of the European Parliament and of the Council1a, and with Regulation (EU) 2016/679 of the European Parliament and of the Council1b. __________________ 1a Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) (OJ L 201, 31.7.2002, p.37). 1bRegulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).
source: PE-594.172
2016/12/02
PETI
10 amendments...
Amendment 1 #
Proposal for a regulation Recital 1 (1) Persons who are blind, visually impaired or otherwise print disabled continue to face many barriers to accessing books and other print material. The need to increase the number of works and other protected subject-matter in accessible formats available to those persons and improve their circulation and dissemination has been recognised at an international level. The Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled (ʻthe Marrakesh Treatyʼ) was signed on behalf of the Union on 30 April 201412 . It requires contracting parties to provide exceptions or limitations to the exclusive rights of holders of copyright and related rights for the making and dissemination of copies in accessible formats of certain works and other subject- matter and for the cross-border exchange of those accessible format copies. The beneficiaries of the Marrakesh Treaty are persons who are blind, visually impaired or have a perceptual or reading disability, including dyslexia, preventing them from reading printed works to the same degree as persons without such disability, or are unable to hold or manipulate a book or to focus
Amendment 2 #
Proposal for a regulation Recital 3 (3) The Regulation should ensure that accessible format copies of books, journals, newspapers, magazines and other writings, sheet music and other print material, which have been made in any Member State in accordance with the national provisions adopted pursuant to Directive […] may be exported to third countries that are parties to the Marrakesh Treaty. Accessible formats include Braille, large print, adapted e-books, audio books and radio broadcasts. The distribution, communication or making available of accessible format copies to persons who are blind, visually impaired or otherwise print disabled
Amendment 3 #
Amendment 4 #
Proposal for a regulation Recital 6 (6) Any processing of personal data under this Regulation should respect fundamental rights, including the right to respect for private and family life and the right to protection of personal data under Articles 7 and 8 of the Charter of Fundamental Rights of the European Union and must be in compliance with Directive 95/46/EC of the European Parliament and the Council13 and with Regulation (EU) 2016/679 of the European Parliament and of the Council13a , which govern
Amendment 5 #
Proposal for a regulation Recital 8 (8) This Regulation respects the fundamental rights and observes the principles recognised in the Charter of Fundamental Rights of the European Union and in the United Nations Convention on the Rights of Persons with Disabilities (ʻthe UNCRPDʼ). This Regulation should be interpreted and applied in accordance with those rights and principles.
Amendment 6 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 – point d a (new) (d a) regardless of any other disabilities.
Amendment 7 #
Proposal for a regulation Article 2 – paragraph 1 – point 3 (3) ‘accessible format copy’ means a copy of a work or other subject-matter in an alternative manner or form that gives a beneficiary person access to the work or other subject-matter, including allowing for the person to have access as feasibly and comfortably as a person without a
Amendment 8 #
Proposal for a regulation Article 2 – paragraph 1 – point 4 (4) ‘authorised entity’ means an organi
Amendment 9 #
Proposal for a regulation Article 4 a (new) Article 4 a Member States shall ensure that complaints and redress mechanisms are put in place and are available to users in case of disputes over the application of the measures referred to in Articles 3 and 4.
Amendment 10 #
Proposal for a regulation Article 6 – paragraph 1 The processing of personal data carried out within the framework of this Regulation shall be carried out in compliance with Directive 95/46/EC, Directive 2002/58/EC and Regulation (EU) 2016/679.
source: PE-595.392
2016/12/05
EMPL
6 amendments...
Amendment 1 #
Proposal for a regulation Recital 7 (7) The United Nations Convention on the Rights of Persons with Disabilities (ʻthe UNCRPDʼ), to which the EU is a party as of 21 January 2011, guarantees people with disabilities the right of access to information and to communication and the right to participate in cultural, economic, political and social life on an equal basis with others. The UNCRPD
Amendment 2 #
Proposal for a regulation Article 2 – point 1 (1) ‘work or other subject-matter’ means a work in the form of a book, journal, newspaper, magazine or other writing, including sheet music, and related illustrations, in any media, online or offline, including in audio form such as audiobooks, which is protected by copyright or related rights and which is published or otherwise lawfully made publicly available;
Amendment 3 #
Proposal for a regulation Article 2 – point 2 – point c (c) a person who has a perceptual or reading disability, including dyslexia, also due to a learning disability, and is, as a result, unable to read printed works to substantially the same degree as a person without an impairment or disability; or
Amendment 4 #
Proposal for a regulation Article 5 – paragraph 1 – point d (d) it publishes and updates, on its website if appropriate, or through other online or offline channels, information on the manner in which it complies with the obligations laid down in points (a) to (c).
Amendment 5 #
Proposal for a regulation Article 5 – paragraph 2 – introductory part 2. An authorised entity established in a Member State carrying out the acts referred to in Articles 3 and 4 shall provide the following accessible information, on request, to any beneficiary person or right holder:
Amendment 6 #
Proposal for a regulation Article 7 – paragraph 1 source: PE-595.501
2016/12/14
PETI
13 amendments...
Amendment 11 #
Proposal for a regulation Citation 1 a (new) having regard to the Protocol (No 1) of the Treaty on the Functioning of the European Union on the role of national Parliaments in the European Union,
Amendment 12 #
Proposal for a regulation Citation 1 b (new) having regard to Protocol (No 2) of the Treaty on the Functioning of the European Union (TFEU) on the application of the principles of subsidiarity and proportionality,
Amendment 13 #
Proposal for a regulation Recital 1 Amendment 14 #
Amendment 15 #
Proposal for a regulation Recital 2 (2) Directive […] endeavours to implement the Union's obligations under the Marrakesh Treaty in a harmonised manner in order to improve the availability of accessible format copies for beneficiary persons in all EU Member States and their circulation within the internal market. The Directive requires Member States to introduce a mandatory exception to certain rights of right holders that are harmonised by Union law. The objectives of this Regulation are to implement the obligations in the Marrakesh Treaty with respect to the export and import of accessible format copies for the benefit of beneficiary persons between the Union and third countries that are parties to the Marrakesh Treaty, and to lay down the conditions for such export and import. Such measures may only be taken at Union level as the exchange of accessible format copies of works and other subject-matter concerns the commercial aspects of intellectual property. A Regulation is the only appropriate instrument.
Amendment 16 #
Amendment 17 #
Proposal for a regulation Recital 5 a (new) (5a) Government guidelines or best practices with regard to the provision of accessible formats to beneficiary persons under the terms of the treaty should be elaborated in consultation with representative groups of authorised entities, such as library associations and library consortia, together with other authorised entity producers of accessible formats, as well as users and rights- holders.
Amendment 18 #
Proposal for a regulation Recital 6 a (new) grounds of disability, and states that the Union recognises and respects the right of people with disabilities to benefit from measures designed to ensure their independence, social and occupational integration and participation in the life of the community.
Amendment 19 #
Proposal for a regulation Recital 7 (7) The United Nations Convention on the Rights of Persons with Disabilities (ʻthe UNCRPDʼ), to which the EU is a party and which is binding for the EU Member States, guarantees people with disabilities the right of access to information and the right to participate in cultural, economic and social life on an equal basis with others. The UNCRPD requires parties to the Convention to take all appropriate steps, in accordance with international law, to ensure that laws protecting intellectual property rights do not constitute an unreasonable or discriminatory barrier to access by persons with disabilities to cultural materials.
Amendment 20 #
Proposal for a regulation Article 5 – paragraph 1 – introductory part establish and follow its own practices to ensure that:
Amendment 21 #
Proposal for a regulation Article 5 – paragraph 2 – subparagraph 1 a (new) Member States undertake to assist their authorised entities to make information available regarding their practices carried out under Articles 3 and 4, both through the sharing of information among authorised entities, and through making available information on their policies and practices, including related to cross- border exchange of accessible format copies, to interested parties and members of the public as appropriate.
Amendment 22 #
Proposal for a regulation Article 6 – paragraph 1 The processing of personal data carried out within the framework of this Regulation shall be carried out in compliance with Directives 95/46/EC and 2002/58/EC, and with Regulation (EU) 2016/679 of the European Parliament and of the 1a 1a Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).
Amendment 23 #
Proposal for a regulation Article 7 – paragraph 1 No
source: PE-595.658
2016/12/15
EMPL
27 amendments...
Amendment 7 #
Proposal for a regulation Citation 1 Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 19 and 207 thereof,
Amendment 8 #
Proposal for a regulation Citation 1 a (new) having regard to Protocol No 1 of the Treaty on the Functioning of the European Union on the role of national parliaments in the European Union,
Amendment 10 #
Proposal for a regulation Recital 1 (1) Persons who are blind, visually impaired or otherwise print disabled continue to face many barriers to accessing books and other print material. The need to increase the number of works and other protected subject-matter in accessible formats available to those persons and improve their circulation and dissemination has been recognised at an international level. The Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled (ʻthe Marrakesh Treatyʼ) was signed on behalf of the Union on 30 April 2014, having already been adopted by the World Intellectual Property Organization in 201312
Amendment 11 #
Proposal for a regulation Recital 2 Amendment 13 #
Proposal for a regulation Recital 3 (3) The Regulation should ensure that accessible format copies of books, journals, newspapers, magazines and other writings, sheet music and other print material, which have been made in any Member State in accordance with the national provisions adopted pursuant to Directive […] may be
Amendment 14 #
Proposal for a regulation Recital 4 a (new) (4 a) This Regulation should ensure that, in accordance with Article 9 of the Marrakesh Treaty, the contracting parties provide financial and personal resources to facilitate international cooperation between authorized entities, the adequate availability of accessible format copies and the cross-border exchange of these works.
Amendment 15 #
Proposal for a regulation Recital 5 (5) In order to improve the availability of accessible format copies and to prevent the illegal dissemination of works and other subject-matter, authorised entities which engage in the distribution or making available of accessible format copies
Amendment 16 #
Proposal for a regulation Recital 5 a (new) (5 a) Government guidelines or best practices with regard to the provision of accessible format copies to beneficiary persons under the terms of the Marrakesh treaty should be developed in consultation with representative groups of authorised entities, such as library associations and library consortia, together with other authorised entity producers of accessible format copies, as well as with users, civil society actors and right-holders.
Amendment 17 #
Proposal for a regulation Recital 7 (7) The United Nations Convention on the Rights of Persons with Disabilities (ʻthe UNCRPDʼ), to which the EU is a party as of 21 January 2011, guarantees people with disabilities the right of access to information and to communication and the right to participate in cultural, economic, political, work and social life on an equal basis with others. The UNCRPD requires parties to the Convention to take all appropriate steps, in accordance with international law, to ensure that laws protecting intellectual property rights do
Amendment 18 #
Proposal for a regulation Recital 7 (7) The United Nations Convention on the Rights of Persons with Disabilities (ʻthe UNCRPDʼ), to which the EU is a party and which is binding for Member States of the Union, guarantees people with disabilities the right of access to information and the right to participate in cultural, economic and social life on an equal basis with others. The UNCRPD requires parties to the Convention to take all appropriate steps, in accordance with international law, to ensure that laws protecting intellectual property rights do not constitute an unreasonable or discriminatory barrier to access by persons with disabilities to cultural materials.
Amendment 19 #
Proposal for a regulation Recital 7 (7) The United Nations Convention on the Rights of Persons with Disabilities (ʻthe UNCRPDʼ), to which the EU is a party as of 21 January 2011, guarantees people with disabilities the right of access to information and the right to participate
Amendment 20 #
Proposal for a regulation Article 2 – paragraph 1 – point 1 (1) ‘work or other subject-matter’ means a work in the form of a book, journal, newspaper, magazine or other writing, including sheet music, and related illustrations, in any media, online or offline, including in audio form such as audiobooks, which is protected by copyright or related rights and which is published or otherwise lawfully made publicly available;
Amendment 21 #
Proposal for a regulation Article 2 – paragraph 1 – point 1 (1)
Amendment 22 #
Proposal for a regulation Article 2 – paragraph 1 – point 1 Amendment 23 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 – point c (c) a person who has a perceptual or reading disability, including dyslexia, also due to a learning disability, and is, as a result, unable to read printed works to substantially the same degree as a person without an impairment or disability; or
Amendment 25 #
Proposal for a regulation Article 2 – paragraph 1 – point 4 (4) ‘authorised entity’ means an organi
Amendment 26 #
Proposal for a regulation Article 5 – paragraph 1 – point d (d) it publishes and updates, on its
Amendment 27 #
Proposal for a regulation Article 5 – paragraph 1 – point d a (new) (d a) it provides, upon request, technical assistance on the access to the provided material
Amendment 28 #
Proposal for a regulation Article 5 – paragraph 2 – introductory part 2. An authorised entity established in a Member State carrying out the acts referred to in Articles 3 and 4 shall provide the following information in an accessible way, on request, to any beneficiary person or right holder:
Amendment 29 #
Proposal for a regulation Article 5 – paragraph 2 – introductory part Amendment 30 #
Proposal for a regulation Article 5 – paragraph 2 – point b a (new) (b a) a publicly accessible national database which lists all produced accessible format copies, as well as all imported accessible works and their sources of supply, in order to allow all concerned stakeholders to gain access to relevant information and prevent legal uncertainties;
Amendment 31 #
Proposal for a regulation Article 5 – paragraph 2 a (new) 2 a. Member States shall assist their authorised entities to make information available regarding their practices under Articles 3 and 4, both by the sharing of information among authorised entities, and by making information available in an accessible way on their policies and practices, including those related to the cross-border exchange of accessible format copies, to interested parties and members of public.
Amendment 32 #
Proposal for a regulation Article 7 – paragraph 1 Amendment 33 #
Proposal for a regulation Article 7 – paragraph 1 Amendment 34 #
Proposal for a regulation Article 7 – paragraph 1 No sooner than [five years after the date of application], the Commission - taking into account technological development and particularly the technologies available to help people with disabilities, and the accessibility of those technologies - shall carry out an evaluation of this Regulation and present the main findings to the European Parliament, the Council and the European Economic and Social Committee, accompanied, where appropriate, by proposals for the amendment of this Regulation.
Amendment 35 #
Proposal for a regulation Article 7 – paragraph 1 The review must be justified and strike a fair balance between the ownership rights of rights holders and the fundamental right of access to culture of beneficiary persons who have a disability. The review shall be conditional on the prior consultation of national societies of authors and composers and of the beneficiary persons as defined in Article 2(2), in order to ensure that the correct balance is struck between the parties concerned.
source: PE-595.711
2016/12/19
CULT
9 amendments...
Amendment 1 #
Amendment 2 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 – introductory part (2) ‘beneficiary person’ means
Amendment 3 #
Proposal for a regulation Article 2 – paragraph 1 – point 3 (3) ‘accessible format copy’ means a copy of a work or other subject-matter, presented on a non-profit basis in an alternative manner or form that gives a beneficiary person access to the work or other subject-matter, including allowing for the person to have access as feasibly and comfortably as a person without a visual impairment or any of the disabilities referred to in paragraph 2;
Amendment 4 #
Proposal for a regulation Article 2 – paragraph 1 – point 4 (4)
Amendment 5 #
Proposal for a regulation Article 3 – paragraph 1 An authorised entity established in a Member State may on a non-profit basis distribute, communicate or make available to beneficiary persons or to an authorised entity established in a third country that is a party to the Marrakesh Treaty an accessible format copy made in accordance with the national legislation adopted pursuant to Directive [...] and provided that prior to the distribution or making available the originating authorised entity did not know or have reasonable grounds to know that the accessible format copy would be used for other than beneficiary persons.
Amendment 6 #
Proposal for a regulation Article 4 – paragraph 1 A beneficiary person or an authorised national legislation adopted pursuant to Directive [...], an accessible format copy that has been distributed communicated or made available to beneficiary persons or to authorised entities, by an authorised entity in a third country that is a party to the Marrakesh Treaty provided that the import or access does not conflict with a normal exploitation of the work or other subject- matter and does not unreasonably prejudice the legitimate interests of the author.
Amendment 7 #
Proposal for a regulation Article 5 – paragraph 1 – point c (c) it demonstrates due care in, and maintains records of, its handling of works and other subject-matter and of their accessible format copies, while respecting the privacy of beneficiary persons in accordance with Article 6; and
Amendment 8 #
Amendment 9 #
Proposal for a regulation Article 7 – paragraph 1 source: PE-595.580
2017/01/11
JURI
34 amendments...
Amendment 5 #
Proposal for a regulation Citation 1 a (new) having regard to the Protocol (No 1) of the Treaty on the Functioning of the European Union on the role of national parliaments in the European Union,
Amendment 6 #
Proposal for a regulation Citation 1 b (new) having regard to Protocol (No. 2) of the Treaty on the Functioning of the European Union (TFEU) on the application of the principles of subsidiarity and proportionality,
Amendment 7 #
Proposal for a regulation Citation 1 a (new) - having regard to Article 26 of the Charter of Fundamental rights of the European Union and the United Nations
Amendment 8 #
Proposal for a regulation Recital 1 (1) Persons who are blind, visually impaired or otherwise print disabled continue to face many barriers to accessing books and other print material, in view of the fact that only between 7% 1a and 20% 1b of books are available to print-disabled persons. The need to increase the number of works and other protected subject-matter in accessible
Amendment 9 #
Proposal for a regulation Recital 1 (1) Persons who are blind, visually impaired or otherwise print disabled continue to face many barriers to accessing books and other print material. The need to increase the number of works and other protected subject-matter in accessible formats available to those persons and improve their circulation and dissemination has been recognised at an international level. The Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled (ʻthe Marrakesh Treatyʼ) was signed on behalf of the Union on 30 April 201412
Amendment 10 #
Proposal for a regulation Recital 2 (2) Directive […] endeavours to implement the Union's obligations under the Marrakesh Treaty in a harmonised manner in order to improve the availability of accessible format copies for beneficiary persons in all EU Member States and their circulation within the internal market. The Directive requires Member States to introduce a mandatory exception to certain rights of right holders that are harmonised by Union law. The objectives of this Regulation are to implement the obligations in the Marrakesh Treaty with respect to the export and import of
Amendment 11 #
Proposal for a regulation Recital 2 (4 a) When adopting measures necessary to enable the cross-border exchange of accessible format copies of certain works and other subject matters with third countries that are parties to the Marrakesh Treaty, the Member States should comply with the obligations and be entitled to exercise the rights they have under the Berne Convention, the Agreement on Trade-Related Aspects of Intellectual Property Rights and the WIPO Copyright Treaty, in line with Article 11 of the Marrakesh Treaty, which enables the contracting parties to confine the limitations or exceptions to rights to certain cases that do not conflict with a normal exploitation of the work and do not unreasonably prejudice the legitimate interests of the author.
Amendment 13 #
Proposal for a regulation Recital 3 (3) The Regulation should ensure that accessible format copies of books, journals, newspapers, magazines and other writings, sheet music and other print material, which to the Marrakesh Treaty. Accessible formats include Braille, large print, adapted e-books, audio books and radio broadcasts. The distribution, communication or making available of accessible format copies to
Amendment 14 #
Proposal for a regulation Recital 3 (8 a) The European Commission will present within one year a strategic action plan to promote the objectives of the Marrakesh Treaty with special emphasis on ensuring widespread cross-border exchange with third countries, providing educational and cultural works for visually impaired persons.
Amendment 16 #
Proposal for a regulation Recital 4 (4) This Regulation should also allow for the importation of and access to accessible format copies made in accordance with the implementation of the Marrakesh Treaty from a third country, by beneficiary persons in the Union and authorised entities established in the Union, for the benefit of
Amendment 17 #
Amendment 18 #
Proposal for a regulation Recital 5 (5) In order to improve the availability of accessible format copies and to prevent the illegal dissemination of works and other subject-matter, authorised entities which engage in the distribution or making available of accessible format copies should comply with certain obligations
Amendment 19 #
Proposal for a regulation Recital 5 (5) In order to improve the availability of accessible format copies and to prevent obligations.
Amendment 20 #
Proposal for a regulation Recital 6 (6) Any processing of personal data under this Regulation should respect fundamental rights, including the right to respect for private and family life and the right to protection of personal data under Articles 7 and 8 of the Charter of Fundamental Rights of the European Union and must be in compliance with Directive 95/46/EC of the European Parliament and the Council13
Amendment 21 #
Proposal for a regulation Recital 6 (6) Any processing of personal data under this Regulation should respect fundamental rights, including the right to respect for private and family life and the right to protection of personal data under Articles 7 and 8 of the Charter of Fundamental Rights of the European Union and must be in compliance with Directive 95/46/EC of the European Parliament and the Council13 and with Regulation (EU) 2016/679 of the European Parliament and of the Council13a., which govern
Amendment 22 #
Proposal for a regulation Recital 6 a (new) (6 a) Member States should not impose additional conditions on recourse to the exception(s) contained in this regulation, including, but not limited to, compensation schemes or prior verification of the commercial availability of accessible format copies.
Amendment 23 #
Proposal for a regulation Recital 7 (7) The United Nations Convention on the Rights of Persons with Disabilities (ʻthe UNCRPDʼ), to which the EU is a party and which is binding for Member States of the Union, guarantees people with disabilities the right of access to information and the right to participate in cultural, economic and social life on an equal basis with others. The UNCRPD
Amendment 24 #
Proposal for a regulation Recital 8 (8) This Regulation respects the fundamental rights and observes the principles recognised in the Charter of Fundamental Rights of the European Union, and in particular Articles 21 and 26, which prohibit discrimination on the grounds of disability and recognise and respect the right of people with disabilities to benefit from measures designed to ensure their independence, social and occupational integration and participation in the life of the community. This Regulation should be interpreted and applied in accordance with those rights and principles.
Amendment 25 #
Proposal for a regulation Recital 8 (8) This Regulation respects the fundamental rights and observes the principles recognised in the
Amendment 26 #
Proposal for a regulation Article 1 – paragraph 1 This Regulation lays down rules on the cross-border exchange of accessible format copies of certain works and other subject- matter between the Union and third countries that are parties to the Marrakesh Treaty without the authorisation of the right holder, for the benefit of persons who are blind, visually impaired or otherwise print disabled. It aims to effectively ensure the right of these persons to participate in cultural, economic and social life on an equal basis with others.
Amendment 27 #
Proposal for a regulation Article 2 – paragraph 1 – point 1 (1) ‘work or other subject-matter’ means a work in the form of a book, journal, newspaper, magazine or other writing, including sheet music, and related illustrations, in any media, online or offline, including in audio form such as audiobooks, which is protected by copyright or related rights and which is published or otherwise lawfully made publicly available;
Amendment 28 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 – introductory part (2) ‘beneficiary person’ means, regardless of any other disabilities:
Amendment 29 #
Proposal for a regulation Article 2 – paragraph 1 – point 4 (4) ‘authorised entity
Amendment 31 #
Proposal for a regulation Article 5 – paragraph 1 – introductory part 1. An authorised entity established in a Member State carrying out the acts referred to in Articles 3 and 4 shall establish and follow its own practices to ensure that:
Amendment 32 #
Amendment 33 #
Proposal for a regulation Article 5 – paragraph 1 – point b (b) it takes appropriate steps to discourage the un
Amendment 34 #
Proposal for a regulation Article 5 – paragraph 1 – point c accordance with Article 6; and
Amendment 35 #
Proposal for a regulation Article 5 – paragraph 1 – point d (d) it publishes and updates, on its website if appropriate, or through other online or offline channels, information on the manner in which it complies with the obligations laid down in points (a) to (c).
Amendment 36 #
Proposal for a regulation Article 5 – paragraph 1 – point d Member States shall assist their authorised entities to make information available regarding their practices under Articles 3 and 4, both by sharing information among authorised entities and by making available information on their policies and practices - including those related to the cross-border exchange of accessible format copies - to interested parties and members of the public, as appropriate. Authorised entities may refer to such information to fulfil their obligation to provide information on the request of a beneficiary person or rightholder.
Amendment 38 #
Proposal for a regulation Article 5 – paragraph 2 a (new) 2 a. The obligations incumbent on authorised entities set out in this Article shall be applied respecting the principle of proportionality.
Amendment 40 #
Proposal for a regulation Article 5 a (new) Article 5 a Obligations of the Member States 1. Member States shall adopt appropriate measures to discourage the unlawful reproduction, distribution, communication and making available of accessible format copies; 2. They shall ensure that such reproduction, distribution, communication and making available of accessible format copies does not conflict with a normal exploitation of the 'work or other subject-matter' and does not unreasonably prejudice the legitimate interests of the author.
Amendment 41 #
Proposal for a regulation Article 6 – paragraph 1 The processing of personal data carried out within the framework of this Regulation shall be carried out in compliance with Directive 95/46/EC and with Regulation (EU) 2016/679.
Amendment 42 #
Proposal for a regulation Article 7 – paragraph 1 Amendment 43 #
source: PE-597.415
2017/01/30
CULT
27 amendments...
Amendment 10 #
Proposal for a regulation Citation 1 a (new) Having regard to Article 26 of the Charter of Fundamental rights of the European Union and the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD);
Amendment 11 #
Proposal for a regulation Recital 2 (2) Directive […] endeavours to implement the
Amendment 12 #
Proposal for a regulation Recital 2 a (new) (2a) In taking the steps necessary to facilitate cross-border trade in works and protected subject-matter in accessible format with third countries that are parties to the Marrakesh Treaty, the Member States must comply with the rights and obligations laid down in the Berne Convention for the Protection of Literary and Artistic Works and the WIPO Copyright Treaty, as they are required to under Article 11 of the Marrakesh Treaty;
Amendment 13 #
Proposal for a regulation Recital 3 (3) The Regulation should ensure that accessible format copies of books, journals, newspapers, magazines and other writings, sheet music and other print material, which have been made in any Member State in e-books, audio books and radio broadcasts. The distribution, communication or making available of accessible format copies to print disabled persons or to authorised entities in the third country should only be carried out on a non-profit basis by authorised entities established in the
Amendment 14 #
Proposal for a regulation Recital 4 (4) This Regulation should also allow for the importation of and access to accessible format copies made in accordance with the implementation of the Marrakesh Treaty from a third country, by beneficiary persons in the
Amendment 15 #
Amendment 16 #
Proposal for a regulation Recital 5 (5) In order to improve the availability of accessible format copies and to prevent the
Amendment 18 #
Proposal for a regulation Recital 6 (6) Any processing of personal data under this Regulation should respect fundamental rights, including the right to respect for private and family life and the right to protection of personal data
Amendment 19 #
Proposal for a regulation Recital 7 (8) This Regulation respects the fundamental rights and observes the principles recognised in international law, in the common constitutional traditions of the Member States, and, secondarily, in the Charter of Fundamental Rights of the European Union. This Regulation should be interpreted and applied in accordance with those rights and principles.
Amendment 21 #
Proposal for a regulation Article 1 – paragraph 1 This Regulation lays down rules on the cross-border exchange of accessible format copies of certain works and other subject- matter between the Union and third countries that are parties to the Marrakesh Treaty without the authorisation of the right holder, for the benefit of persons who are blind, visually impaired or otherwise print disabled. It aims to effectively ensure the right of these persons to participate in cultural, economic and social life on an equal basis with others.
Amendment 22 #
Amendment 23 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 – introductory part (2) ‘beneficiary person’ means someone who, regardless of any other disability, has one of the following characteristics, i.e.:
Amendment 24 #
Amendment 25 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 – point d (d) a person who is otherwise unable, due to a physical
Amendment 26 #
Proposal for a regulation Article 2 – paragraph 1 – point 3 (3) ‘accessible format copy’ means a copy of a work or other subject-matter
Amendment 27 #
Proposal for a regulation Article 2 – paragraph 1 – point 4 (4) ‘authorised entity’ means an organisation that is authorised and recognised by the national authorities and that provid
Amendment 28 #
Proposal for a regulation Article 2 – paragraph 1 – point 4 (4)
Amendment 29 #
Proposal for a regulation Article 2 – paragraph 1 – point 4 (4)
Amendment 30 #
Proposal for a regulation Article 2 – paragraph 1 – point 4 An authorised entity established in a Member State may, without engaging in any commercial activity, distribute, communicate or make available to beneficiary persons or to an authorised entity established in a third country that is a party to the Marrakesh Treaty an accessible format copy made in accordance with the national legislation adopted pursuant to Directive [...], where, before the copy is distributed and made available, the authorised entity responsible for that distribution is unaware that the accessible format copy could be used for a purpose other than that for which it was originally and primarily intended, for persons other than the beneficiaries.
Amendment 32 #
Proposal for a regulation Article 4 – paragraph 1 A beneficiary person or an authorised entity established in a Member State may import or otherwise obtain or access and thereafter use, in accordance with the national legislation adopted pursuant to Directive [...], with due regard for the legitimate interests of the author, an accessible format copy that has been distributed, communicated or made available to beneficiary persons or to authorised entities, by an authorised entity
Amendment 33 #
Proposal for a regulation Article 5 – paragraph 1 – introductory part 1. An authorised entity established in a Member State carrying out the acts referred to in Articles 3 and 4 shall establish and follow its own practices to ensure that:
Amendment 34 #
Proposal for a regulation Article 5 – paragraph 1 – point a (a) it distributes, communicates and makes available accessible format copies only to beneficiary persons or other authorised entities on a non-profit basis;
Amendment 35 #
Proposal for a regulation Article 5 – paragraph 1 – point b (b) it takes appropriate steps to
Amendment 36 #
Proposal for a regulation Article 5 – paragraph 1 – point b (b) it takes appropriate steps to discourage the un
Amendment 37 #
Proposal for a regulation Article 5 – paragraph 1 – point c 2 a. Member States shall foster the exchange of information and best practices amongst authorised entities so as to effectively promote access to adapted works or subject-matter.
Amendment 39 #
Proposal for a regulation Article 6 – paragraph 1 The processing of personal data carried out within the framework of this Regulation shall be carried out in compliance with international law, specifically the UN resolution of 14 December 1990 on guidelines for the regulation of computerized personal data files, and with Directive 95/46/EC.
Amendment 40 #
Proposal for a regulation Article 7 – paragraph 1 source: PE-597.692
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History
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Provisional agreement between Parliament and Council on final actNew
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