31. 1. 91 Official Journal of the European Communities No C 24/5 
Proposal for a Council Decision concerning the accession of the Member States to the Berne 
Convention for the Protection of Literary and Artistic Works, as revised by the Paris Act of 
24 July 1971, and the International Convention for the Protection of Performers, Producers 
of Phonograms and Broadcasting Organizations (Rome Convention) of 26 October 1961 
COM(90) 582 final — SYN 318 
(Submitted by the Commission on 11 December 1990) 
(91/C 24/04) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Articles 57 (2), 
66, 100a and 113 thereof, 
Having regard to the proposal from the Commission, 
In cooperation with the European Parliament, 
Having regard to the opinion of the Economic and 
Social Committee, 
Whereas the Berne Convention (Paris Act) and the Inter­
national Rome Convention guarantee a minimum level 
of protection for authors and for performers, producers 
of phonograms and broadcasting organizations 
respectively; whereas, owing to their content, these 
conventions enjoy broad international support; 
Whereas 10 Member States are already parties to the 
Berne Convention, as revised by the Paris Act, the other 
two being bound still by the Brussels Act of 26 June 
1948; whereas only a majority of Member States have 
acceded to the International Rome Convention 
concerning 'neighbouring rights'; 
Whereas the differences between national laws as regards 
the minimum level of protection of copyright guaranteed 
by the Paris Act and the conferment of rights on 
performers, producers of phonograms and broadcasting 
organizations create obstacles to the free movement of 
goods and services and distortions of competition 
prejudicial to the economic and cultural interests of 
creators, authors, artists and the enterprises concerned; 
whereas this state of affairs is incompatible with the 
establishment and functioning of the internal market as 
an area without internal frontiers in which the free 
movement of goods, persons, services and capital is 
ensured, as provided for in Article 8a of the Treaty; 
Whereas the accession of all the Member States to the 
Berne Convention (Paris Act) and the International 
Rome Convention is capable of making a significant 
contribution to the campaign against the pirating of 
audio-visual works, as is clear from the resolution of the representatives of the Governments of the Member States 
of 24 July 1984 on measures to combat audio-visual 
piracy 0; 
Whereas the accession of all the Member States to the 
Berne Convention (Paris Act) and the International 
Rome Convention will provide a common basis for 
harmonization on which to pursue more easily the 
construction of the Community edifice as regards 
copyright and neighbouring rights; 
Whereas owing to the internationalization of the 
problems connected with copyright and neighbouring 
rights, it is necessary to seek to provide better protection 
of those rights at the international level; whereas the 
accession of all the Member States to the Berne 
Convention (Paris Act) and the International Rome 
Convention is likely to encourage other States to accede 
thereto; whereas this Decision fits fully into the wider 
pattern of measures taken by other international organ­
izations, in particular WIPO, GATT and the Council of 
Europe; 
Whereas the subject matter of the Berne Convention 
(Paris Act) and the International Rome Convention falls 
within the competence of the Community; whereas at 
present the accession of the Community as such to these 
instruments is not possible without a prior modification 
allowing the accession of international organizations as 
such; whereas in view of developments at Community 
level, the Community as such could be in a position to 
adhere to the Berne Convention (Paris Act) and the 
International Rome Convention; whereas the present 
Decision is without prejudice to any such accession for 
which, in due time, appropriate proposals will be 
submitted to the Council; whereas in the meantime it is 
appropriate that the Council decide that Member States 
adhere to the said conventions; 
Whereas a date must be set by which all the Member 
States should be parties to the Berne Convention (Paris 
Act) and the International Rome Convention; whereas 
since legislation will be needed in some Member States, 
that date should be 31 December 1992, the deadline for 
completion of the internal market, 
HAS ADOPTED THIS DECISION: 
Article 1 
The Member States shall, by 31 December 1992, 
ratify or accede to and comply with the Berne 
(') OJ No C 204, 3. 8. 1984, p. 1. 
No C 24/6 Official Journal of the European Communities 31. 1.91 
Convention for the Protection of Literary and Artistic 
Works, as revised by the Paris Act of 24 July 1971, 
and the International Convention for the Protection of 
Performers, Producers of Phonograms and 
Broadcasting Organizations (Rome Convention) of 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Article 128 
thereof, 
Having regard to the proposal of the Commission, 
Having regard to the opinion of the European 
Parliament, 
Having regard to the opinion of the Economic and 
Social Committee, 
Whereas Article 10 of Decision 89/657/EEC (») estab­
lished an advisory committee to assist the Commission in 
the implementation of that Decision; 
Whereas Article 10 of Decision 90/267/EEC (2) estab­
lished an advisory committee to assist the Commission in 
the implementation of that Decision; 
Whereas in its memorandum on the rationalization and 
coordination of vocational training programmes at 
Community level, the Commission announced its 
intention to regroup related activities within the 
framework of the Force Advisory Committee, and 
C) OJ No L 393, 30. 12. 1989, p. 29. 
O OJ No L 156, 21. 6. 1990, p. 1. 26 October 1961. 
Article 2 
This Decision is addressed to the Member States. 
to adapt and enlarge the terms of reference of the 
aforesaid committee; 
Whereas the establishment of the Advisory Committee 
for continuing education and training will render 
unnecessary the continued existence of the separate 
committees assisting the Commission in implementing 
the Eurotecnet and Force programmes; whereas the 
Decisions establishing these programmes should be 
amended accordingly, 
HAS DECIDED AS FOLLOWS: 
Article 1 
1. In the implementation of the Force and Eurotecnet 
programmes the Commission shall be assisted by a 
committee of an advisory nature composed of two repre­
sentatives from each Member State and chaired by the 
representative of the Commission. 
The members of the committee may be assisted by 
experts or advisors. 
Twelve representatives of both sides of industry, 
appointed by the Commission on the basis of proposals 
from the organizations representing both sides of 
industry at Community level, shall participate in the 
work of the committee as observers. 
2. The representative of the Commission shall submit to 
the committee a draft of the measures concerning: 
(a) the general guidelines governing the Force and 
Eurotecnet programmes; Proposal for a Council Decision amending Decision 89/657/EEC establishing an action 
programme to promote innovation in the field of vocational training resulting from techno­
logical change in the Community (Eurotecnet) and Decision 90/267/EEC establishing an action 
programme for the development of continuing vocational training in the European Community 
(Force) in order to establish the Advisory Committee for continuing education and training 
embracing Force and Eurotecnet 
COM(90) 648 final 
(Submitted by the Commission on 21 December 1990) 
(91/C 24/05)