WRITTEN QUESTION E-0181/02

by Stavros Xarchakos (PPE-DE) to the Commission

(6 February 2002)

Subject: Commission's answers concerning pirated compact discs (CDs)

In his answer of 18 December 2001 to my question (E-3094/01)(1) concerning counterfeit compact discs, Commissioner Bolkestein provided some information about the Commission's activities in this respect but did not give any figures on the extent of piracy in Greece and the other Member States, as I had requested. I was, therefore, astonished to find that the Commission had provided detailed figures in response to a question on exactly the same subject by my distinguished colleague, Mrs Myrsini Zorba (H-0867/01)(2).

I feel compelled, therefore, to reiterate my question and ask the Commission what data it has on CD piracy in Greece and the other 14 Member States, and whether the Greek authorities have informed the Commission of the extent of the problem. Why exactly did the Commission decide not to include the figures referred to in its answer to Mrs Zorba in its answer to this author's question?

(1) OJ C 93 E, 18.4.2002, p. 216.

(2) Written answer of 11.12.2001.

Answer given by Mr Bolkestein on behalf of the Commission

(13 March 2002)

Compact Disc (CD) piracy is a matter of concern for the Commission and an issue to which it is paying particular attention. Mrs Zorba's oral question asked in a general way for the amount of revenue lost in the Union as a whole due to intellectual property theft. In its answer the Commission merely referred to figures given by the International Chamber of Commerce for worldwide counterfeiting and piracy which date from 1997 (5-7 % of world commerce at a cost of 200 300 billion and 200 000 jobs per year). The Commission gave an estimate concerning the Internal Market as a whole (a loss of between 400 and 800 million).

At present the Commission does not have what it considers to be verifiable nor neutral figures at its disposal on a Member State basis. However, according to the latest figures on 2000 provided by the music industry on the percentage of sales that pirated CDs represent: in Greece, domestic piracy of CD's amounts to 50 % of sales; in Spain, Italy, the Netherlands and Finland, it accounts for 10-25 % of sales and in the other Member States it stands at less than 10 %.

The Commission confirms that it is aware of the problem of CD piracy in Greece and has been in regular contact with all Member States at a working level on this issue.

According to information received from the Greek authorities, they also thus far use the information supplied by the special Economic Crime Squad and industry.

Currently a study is being undertaken for the Commission on the establishment of a methodology for collecting, analysing and comparing data on counterfeiting and piracy. This study is of particular importance for the obtention of more reliable figures. Indeed, because CD piracy is an illegal activity it is more difficult to collate figures than for any licit business. If a suitable methodology is agreed upon, and put into general practice, all concerned will be in a better position to compare realistic and equivalent statistics on an Community wide or individual Member State basis. The results of this study are expected in June 2002.

Moreover the Commission is also preparing a proposal for a Directive on the enforcement of intellectual property rights which should also reinforce the means of combating piracy and counterfeiting.