2000/278/EC: Council Decision of 16 March 2000 on the approval, on behalf of the European Community, of the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty
Date: 2000-03-16
Institutions: Council of the European Union
Subjects: European treaties, World Intellectual Property Organisation, broadcasting, copyright, literary and artistic property

L 89/6

EN

Official Journal of the European Communities

11.4.2000

II

(Acts whose publication is not obligatory)

COUNCIL

COUNCIL DECISION

of 16 March 2000

on the approval, on behalf of the European Community, of the WIPO Copyright Treaty and the
WIPO Performances and Phonograms Treaty (*)

(2000/278/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Articles 47(2), 55 and 95
thereof, in conjunction with the first sentence of Article 300(2)
and the second subparagraph of Article 300(3),

Having regard to the proposal from the Commission (1),

Having regard to the assent of the European Parliament (2),

(5)

(6)

(7)

The WCT and the WPPT should therefore be approved
on behalf of the Community with regard to matters
within its competence.

The Community has already signed the WCT and the
WPPT, subject to final conclusion.

The deposit of the instruments of conclusion of the
Community should take place as far as possible simulta-
neously with the deposit of the instruments of ratifica-
tion of the Member States,

Whereas:

(1)

(2)

(3)

(4)

The WIPO Copyright Treaty (WCT) and the WIPO
Performances and Phonograms Treaty (WPPT) adopted
in Geneva on 20 December 1996 under the auspices of
the World Intellectual Property Organisation will help to
ensure a balanced level of protection for works and
other subject matter, while allowing the public access to
material available via networks.

The competence of
the Community to conclude or
accede to international agreements or treaties does not
derive only from explicit conferral by the Treaty but
may also derive from other provisions of the Treaty and
from acts adopted pursuant
to those provisions by
Community institutions.

The subject matter of the WCT and the WPPT falls to a
large extent within the scope of existing Community
directives in this field.

It follows that the approval of the WCT and the WPPT is
a matter for both the Community and its Member States.

(*) Two statements relating to this Decision are set out in OJ C 103,

11.4.2000, page 1.

(1) OJ C 165, 30.5.1998, p. 8.
(2) Assent of 16 February 2000 (not yet published in the Official

Journal).

HAS DECIDED AS FOLLOWS:

Article 1

1.
The WIPO Copyright Treaty (WCT) is hereby approved
on behalf of the Community with regard to matters within its
competence.

2.
The WIPO Performances and Phonograms Treaty (WPPT)
is hereby approved on behalf of the Community with regard to
matters within its competence.

3.

The texts of the Treaties are attached to this Decision.

Article 2

The President of the Council is hereby authorised to deposit the
instruments of conclusion with the Director-General of the
World Intellectual Property Organisation as from the date by
which the Member States will have to bring into force the
measures adopted by the European Parliament and the Council
necessary to adapt the existing Community legislation to the
obligations deriving from the WCT and the WPPT.

11.4.2000

EN

Official Journal of the European Communities

L 89/7

Article 3

1.
The Commission is hereby authorised to represent the
Community at the meetings of the Assemblies referred to in
the WCT and WPPT.

2.
On all matters within the sphere of competence of the
Community, the Commission shall negotiate in the Assemblies
of the WCT and the WPPT on behalf of the Community in
accordance with the applicable rules of the EC Treaty, in partic-
ular Article 300 thereof.

The position which the Community may adopt within
3.
the Assemblies shall be prepared by the relevant Council
working party.

Done at Brussels, 16 March 2000.

For the Council

The President

F. SEIXAS da COSTA