prop · H303181 · 2016-06-14 00:00:00 — (b)to have the ability to identify accurately, or in part, with respect to each relevant territory, the rights and their corresponding rightholders for each musical work or share therein which the collective management organisation is authorised to represent; (c)to make use of unique identifiers in order to identify right holders and musical works, taking into account, as far as possible, voluntary industry standards and practices developed at international or Union level; (d)to make use of adequate means in order to identify and resolve in a timely and effective inconsistencies in data held by other collective management organisations granting multi-territorial licences for online rights in musical works. Transparency of multi-territorial repertoire information Member States shall ensure that a collective management organisation which grants multi-territorial licences for online rights in musical works provides to online service providers, to rightholders whose rights it represents and to other collective management organisations, by electronic means, in response to a duly justified request, up-to-date information allowing the identification of the online music repertoire it represents. This shall include: (a)the musical works represented; (b)the rights represented or in part; and (c)the territories covered. The collective management organisation may take reasonable measures, where necessary, to protect the accuracy and integrity of the data, to control their reuse and to protect commercially sensitive information. Accuracy of multi-territorial repertoire information 1.Member States shall ensure that a collective management organisation which grants multi-territorial licences for online rights in musical works has in place arrangements to enable rightholders, other collective management organisations and online service providers to request a correction of the data referred to in the list of conditions under Article 24(2) or the information provided under Article 25, where such rightholders, collective management organisations and online service providers, on the basis of reasonable evidence, believe that the data or the information are inaccurate in respect of their online rights in musical works. Where the claims are sufficiently substantiated, the collective management organisation shall ensure that the data or the information are corrected without undue delay. 2.The collective management organisation shall provide rightholders whose musical works are included in its own music repertoire and rightholders who have entrusted the management of their online rights in musical works to it in accordance with Article 31 with the means of submitting to it in electronic form information concerning their musical works, their rights in those works and the territories in respect of which the rightholders authorise the organisation. When doing so, the collective management organisation and the right holders shall take into account, as far as possible, voluntary industry standards or practices regarding the exchange of data developed at international or Union level, allowing rightholders to specify the musical work, or in part, the online rights, or in part, and the territories in respect of which they authorise the organisation. L 84/92 Where a collective management organisation mandates another collective management organisation to grant multi-terri torial licences for the online rights in musical works under Articles 29 and 30, the mandated collective management organisation shall also apply paragraph 2 of this Article with respect to the rightholders whose musical works are included in the repertoire of the mandating collective management organi sation, unless the collective management organisations agree otherwise. Accurate and timely reporting and invoicing 1.Member States shall ensure that a collective management organisation monitors the use of online rights in musical works which it represents, or in part, by online service providers to which it has granted a multi-territorial licence for those rights. 2.The collective management organisation shall offer online service providers the possibility of reporting by electronic means the actual use of online rights in musical works and online service providers shall accurately report the actual use of those works. The collective management organisation shall offer the use of a least one method of reporting which takes into account voluntary industry standards or practices developed at international or Union level for the electronic exchange of such data. The collective management organisation may refuse to accept reporting by the online service provider in a proprietary format if the organisation allows for reporting using an industry standard for the electronic exchange of data. 3.The collective management organisation shall invoice the online service provider by electronic means. The collective management organisation shall offer the use of a least one format which takes into account voluntary industry standards or practices developed at international or Union level. The invoice shall identify the works and rights which are licensed, or in part, on the basis of the data referred to in the list of conditions under Article 24(2), and the corresponding actual uses, to the extent that this is possible on the basis of the information provided by the online service provider and the format used to provide that information. The online service provider may not refuse to accept the invoice because of its format if the collective management organisation is using an industry standard. 4.The collective management organisation shall invoice the online service provider accurately and without delay after the actual use of the online rights in that musical work is reported, except where this is not possible for reasons attributable to the online service provider. 5.The collective management organisation shall have in place adequate arrangements enabling the online service provider to challenge the accuracy of the invoice, including when the online service provider receives invoices from one or more collective management organisations for the same online rights in the same musical work. Accurate and timely payment to rightholders 1.Without prejudice to paragraph 3, Member States shall ensure that a collective management organisation which grants multi-territorial licences for online rights in musical works distributes amounts due to rightholders accruing from such licences accurately and without delay after the actual use of the work is reported, except where this is not possible for reasons attributable to the online service provider. Without prejudice to paragraph 3, the collective management organisation shall provide at least the following information to rightholders together with each payment it makes under paragraph 1: (a)the period during which the uses took place for which amounts are due to rightholders and the territories in which the uses took place; (b)the amounts collected, deductions made and amounts distributed by the collective management organisation for each online right in any musical work which rightholders have authorised the collective management organisation, or in part, to represent; (c)the amounts collected for rightholders, deductions made, and amounts distributed by the collective management organisation in respect of each online service provider. Where a collective management organisation mandates another collective management organisation to grant multi-terri torial licences for the online rights in musical works under Articles 29 and 30, the mandated collective management organisation shall distribute the amounts referred to in paragraph 1 accurately and without delay, and shall provide the information referred to in paragraph 2 to the mandating collective management organisation. The mandating collective management organisation shall be responsible for the subsequent distribution of such amounts and the provision of such information to rightholders, unless the collective management organisations agree otherwise. Agreements between collective management organisations for multi-territorial licensing Member States shall ensure that any representation agreement between collective management organisations whereby a collective management organisation mandates another collective management organisation to grant multi-terri torial licences for the online rights in musical works in its own music repertoire is of a non-exclusive nature. The mandated collective management organisation shall manage those online rights on a non-discriminatory basis. L 84/93 2.The mandating collective management organisation shall inform its members of the main terms of the agreement, including its duration and the costs of the services provided by the mandated collective management organisation. 3.The mandated collective management organisation shall inform the mandating collective management organisation of the main terms according to which the latter’s online rights are to be licensed, including the nature of the exploitation, all provisions which relate to or affect the licence fee, the duration of the licence, the accounting periods and the territories covered. Obligation to represent another collective management organisation for multi-territorial licensing 1.Member States shall ensure that where a collective management organisation which does not grant or offer to grant multi-territorial licences for the online rights in musical works in its own repertoire requests another collective management organisation to enter into a representation agreement to represent those rights, the requested collective management organisation is required to agree to such a request if it is already granting or offering to grant multi-terri torial licences for the same category of online rights in musical works in the repertoire of one or more other collective management organisations. 2.The requested collective management organisation shall respond to the requesting collective management organisation in writing and without undue delay. 3.Without prejudice to paragraphs 5 and 6, the requested collective management organisation shall manage the repre sented repertoire of the requesting collective management organisation on the same conditions as those which it applies to the management of its own repertoire. 4.The requested collective management organisation shall include the represented repertoire of the requesting collective management organisation in all offers it addresses to online service providers. 5.The management fee for the service provided by the requested collective management organisation to the requesting organisation shall not exceed the costs reasonably incurred by the requested collective management organisation. 6.The requesting collective management organisation shall make available to the requested collective management organi sation information relating to its own music repertoire required for the provision of multi-territorial licences for online rights in musical works. Where information is insufficient or provided in a form that does not allow the requested collective management organisation to meet the requirements of this Title, the requested collective management organisation shall be entitled to charge for the costs reasonably incurred in meeting such requirements or to exclude those works for which information is insufficient or cannot be used. Access to multi-territorial licensing Member States shall ensure that where a collective management organisation does not grant or offer to grant multi-territorial licences for online rights in musical works or does not allow another collective management organisation to represent those rights for such purpose by , rightholders who have authorised that collective management organisation to represent their online rights in musical works can withdraw from that collective management organisation the online rights in musical works for the purposes of multi-territorial licensing in respect of all territories without having to withdraw the online rights in musical works for the purposes of mono-territorial licensing, so as to grant multi-territorial licences for their online rights in musical works themselves or through any other party they authorise or through any collective management organisation complying with the provisions of this Title. Derogation for online music rights required for radio and television programmes The requirements under this Title shall not apply to collective management organisations when they grant, on the basis of the voluntary aggregation of the required rights, in compliance with the competition rules under Articles 101 and 102 TFEU, a multi-territorial licence for the online rights in musical works required by a broadcaster to communicate or make available to the public its radio or television programmes simultaneously with or after their initial broadcast as well as any online material, including previews, produced by or for the broadcaster which is ancillary to the initial broadcast of its radio or television programme. Member States shall ensure that collective management organisations make available to their members, and to collective management organisations on whose behalf they manage rights under a representation agreement, effective and timely procedures for dealing with complaints, particularly in relation to authorisation to manage rights and termination or with drawal of rights, membership terms, the collection of amounts due to rightholders, deductions and distributions. L 84/94 Collective management organisations shall respond in writing to complaints by members or by collective management organisations on whose behalf they manage rights under a representation agreement. Where the collective management organisation complaint, it shall give reasons. Alternative dispute resolution procedures 1.Member States may provide that disputes between collective management organisations, members of collective management organisations, rightholders or users regarding the provisions of national law adopted pursuant to the requirements of this Directive can be submitted to a rapid, independent and impartial alternative dispute resolution procedure. 2.Member States shall ensure, for the purposes of Title III, that the following disputes relating to a collective management organisation established in their territory which grants or offers to grant multi-territorial licences for online rights in musical works can be submitted to an independent and impartial alter native dispute resolution procedure: (a)disputes with an actual or potential online service provider regarding the application of Articles 16, 25, 26 and 27; (b)disputes with one or more rightholders regarding the appli cation of Articles 25, 26, 27, 28, 29, 30 and 31; (c)disputes with another collective management organisation regarding the application of Articles 25, 26, 27, 28, 29 and 30. 1.Member States shall ensure that disputes between collective management organisations and users concerning, in particular, existing and proposed licensing conditions or a breach of contract can be submitted to a court, or if appro priate, to another independent and impartial dispute resolution body where that body has expertise in intellectual property law. 2.Articles 33 and 34 and paragraph 1 of this Article shall be without prejudice to the right of parties to assert and defend their rights by bringing an action before a court. 1.Member States shall ensure that compliance by collective management organisations established in their territory with the provisions of national law adopted pursuant to the requirements laid down in this Directive is monitored by competent auth orities designated for that purpose. 2.Member States shall ensure that procedures exist enabling members of a collective management organisation, rightholders, users, collective management organisations and other interested parties to notify the competent authorities designated for that purpose of activities or circumstances which, in their opinion, constitute a breach of the provisions of national law adopted pursuant to the requirements laid down in this Directive. Member States shall ensure that the competent authorities designated for that purpose have the power to impose appro priate sanctions or to take appropriate measures where the provisions of national law adopted in implementation of this Directive have not been complied with. Those sanctions and measures shall be effective, proportionate and dissuasive. Member States shall notify the Commission of the competent authorities referred to in this Article and in Articles 37 and 38 by . The Commission shall publish the information received in that regard. Exchange of information between competent authorities In order to facilitate the monitoring of the application of this Directive, each ensure that a request for information received from a competent authority of another , designated for that purpose, concerning matters relevant to the application of this Directive, in particular with regard to the activities of collective management organi sations established in the territory of the requested , is responded to without undue delay by the competent authority designated for that purpose, provided that the request is duly justified. 2.Where a competent authority considers that a collective management organisation established in another but acting within its territory may not be complying with the provisions of the national law of the in which that collective management organisation is established which have been adopted pursuant to the requirements laid down in this Directive, it may transmit all relevant information to the competent authority of the in which the collective management organisation is established, accompanied where appropriate by a request to that authority that it take appropriate action within its competence. The requested competent authority shall provide a reasoned reply within three months. 3.Matters as referred to in paragraph 2 may also be referred by the competent authority making such a request to the expert group established in accordance with Article 41. Cooperation for the development of multi-territorial licensing The Commission shall a regular exchange of information between the competent authorities designated for that purpose in Member States, and between those authorities and the Commission, on the situation and development of multi-territorial licensing. L 84/95 2.The Commission shall conduct regular consultations with representatives of rightholders, collective management organi sations, users, consumers and other interested parties on their experience with the application of the provisions of Title III of this Directive. The Commission shall provide competent auth orities with all relevant information that emerges from those consultations, within the framework of the exchange of information provided for in paragraph 1. 3.Member States shall ensure that by 10 October 2017, their competent authorities provide the Commission with a report on the situation and development of multi-territorial licensing in their territory. The report shall include information on, in particular, the availability of multi-territorial licences in the concerned and compliance by collective management organisations with the provisions of national law adopted in implementation of Title III of this Directive, together with an assessment of the development of multi-territorial licensing of online rights in musical works by users, consumers, rightholders and other interested parties. 4.On the basis of the reports received pursuant to paragraph 3and the information gathered pursuant to paragraphs 1 and 2, the Commission shall assess the application of Title III of this Directive. If necessary, and where appropriate on the basis of a specific report, it shall consider further steps to address any identified problems. That assessment shall cover, in particular, the following: (a)the number of collective management organisations meeting the requirements of Title III; (b)the application of Articles 29 and 30, including the number of representation agreements concluded by collective management organisations pursuant to those Articles; (c)the proportion of repertoire in the Member States which is available for licensing on a multi-territorial basis. REPORTING AND FINAL PROVISIONS Notification of collective management organisations By , Member States shall provide the Commission, on the basis of the information at their disposal, with a list of the collective management organisations estab in their territories. Member States shall notify any changes to that list to the Commission without undue delay. The Commission shall publish that information and keep it up to date. By , the Commission shall assess the application of this Directive and submit to Parliament and to the Council a report on the application of this Directive. That report shall include an assessment of the impact of this Directive on the development of cross-border services, on cultural diversity, on the relations between collective management organisations and users and on the operation in the Union of collective management organisations established outside the Union, and, if necessary, on the need for a review. The Commission’s report shall be accompanied, if appropriate, by a legislative proposal. An expert group is hereby established. It shall be composed of representatives of the competent authorities of the Member States. The expert group shall be chaired by a representative of the Commission and shall meet either on the initiative of the chairman or at the request of the delegation of a . The tasks of the group shall be as follows: (a)to examine the impact of the transposition of this Directive on the functioning of collective management organisations and independent management entities in the internal market, and to highlight any difficulties; (b)to organise consultations on all questions arising from the application of this Directive; (c)to facilitate the exchange of information on relevant devel opments in legislation and case-law, as well as relevant economic, social, cultural and technological developments, especially in relation to the digital market in works and other subject-matter. Protection of personal data The processing of personal data carried out within the framework of this Directive shall be subject to Directive 95/46/EC. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by . They shall immediately inform the Commission thereof. When Member States adopt those measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States. Member States shall communicate to the Commission the text of the main measures of national law which they adopt in the field covered by this Directive. L 84/96 This Directive shall enter into force on the twentieth day following that of its publication in the . This Directive is addressed to the Member States. Done at , 26 February 2014. L 84/97 1.Information to be provided in the annual transparency report referred to in Article 22(2): (a)financial statements comprising a balance-sheet or a statement of assets and liabilities, an income and expenditure account for the financial year and a cash-flow statement; (b)a report on the activities in the financial year; (c)information on refusals to grant a licence pursuant to Article 16(3); (d)a description of the legal and governance structure of the collective management organisation;