# CE2013353EN.01032201.xml

| 3.12.2013 | EN | Official Journal of the European Union | CE 353/322 |
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3.12.2013

EN

Official Journal of the European Union

CE 353/322

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Thursday 13 September 2012Permitted uses of orphan works ***I

P7_TA(2012)0349

European Parliament legislative resolution of 13 September 2012 on the proposal for a directive of the European Parliament and of the Council on certain permitted uses of orphan works (COM(2011)0289 – C7-0138/2011 – 2011/0136(COD))

2013/C 353 E/53

(Ordinary legislative procedure: first reading)

The European Parliament,

The European Parliament

| — | having regard to the Commission proposal to Parliament and the Council (COM(2011)0289), |
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having regard to the Commission proposal to Parliament and the Council (COM(2011)0289),

| — | having regard to Article 294(2) and Articles 53(1), 62 and 114 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0138/2011), |
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having regard to Article 294(2) and Articles 53(1), 62 and 114 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0138/2011),

| — | having regard to Article 294(3) of the Treaty on the Functioning of the European Union, |
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having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

| — | having regard to the opinion of the European Economic and Social Committee of 21 September 2011 (1), |
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having regard to the opinion of the European Economic and Social Committee of 21 September 2011 (1),

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| — | having regard to the undertaking given by the Council representative by letter of 14 June 2012 to approve Parliament's position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union, |
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having regard to the undertaking given by the Council representative by letter of 14 June 2012 to approve Parliament's position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

| — | having regard to Rule 55 of its Rules of Procedure, |
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having regard to Rule 55 of its Rules of Procedure,

| — | having regard to the report of the Committee on Legal Affairs and the opinions of the Committee on the Internal Market and Consumer Protection, and the Committee on Culture and Education (A7-0055/2012), |
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having regard to the report of the Committee on Legal Affairs and the opinions of the Committee on the Internal Market and Consumer Protection, and the Committee on Culture and Education (A7-0055/2012),

| 1. | Adopts its position at first reading hereinafter set out; |
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1.

Adopts its position at first reading hereinafter set out;

| 2. | Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text; |
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2.

Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;

| 3. | Instructs its President to forward its position to the Council, the Commission and the national parliaments. |
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3.

Instructs its President to forward its position to the Council, the Commission and the national parliaments.

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(1)  OJ C 376, 22.12.2011, p. 66.

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Thursday 13 September 2012P7_TC1-COD(2011)0136

Position of the European Parliament adopted at first reading on 13 September 2012 with a view to the adoption of Directive 2012/.../EU of the European Parliament and of the Council on certain permitted uses of orphan works

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Directive 2012/28/EU.)

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