WRITTEN QUESTION E-0182/02 by Stavros Xarchakos (PPE-DE) to the Commission. Collective rights management and intellectual property.
Date: 2002-02-06
Institutions: European Parliament, Provisional data
Subjects: broadcasting, code of conduct, copyright, group of companies, intellectual property, management, television

C 160 E/194

Official Journal of the European Communities

EN

4.7.2002

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.

(2002/C 160 E/241)

WRITTEN QUESTION E-0182/02

by Stavros Xarchakos (PPE-DE) to the Commission

Subject: Collective rights management and intellectual property

(6 February 2002)

Broadcasting by the media of the works of composers and authors without payment of royalties has,
understandably, caused annoyance and raised a number of issues. The European Grouping of Societies of
Authors and Composers (GESAC) has drawn up a code of conduct which it has submitted to the
Commission.

Can the Commission provide me with a copy of this code? What is its view of the code? Does the
Commission have details of the tariffs requested by the societies responsible for the collective management
of composers’ and authors’ rights for radio and television broadcasting of their works in each Member
State of the Union?

Answer given by Mr Bolkestein on behalf of the Commission

(18 March 2002)

The Honourable Member’s question concerns collective management bodies and certain aspects of the
collective management of copyright and related rights in Europe. The Commission would like to offer the
following information in response.

The broadcasting of copyright works is subject to the exclusive right of authors to communicate their
works to the public, as harmonised by Directive 2001/29/EC of 22 May 2001 on the harmonisation of
certain aspects of copyright and related rights in the information society (1), which must be transposed by
22 December 2002.

The right of communication to the public is generally administered by collecting societies, which have also
set up a network of agreements in order to distribute collected rights on their respective territories on
behalf of foreign rightholders.

The level of tariffs requested may differ according to the collecting societies based in the different Member
States. In addition, neither the activities of collecting societies, nor collective management as such, are
harmonised at Community level. Nor have any specific studies been conducted into the price levels of
licences granted by collecting societies.

4.7.2002

EN

Official Journal of the European Communities

C 160 E/195

Finally, the Honourable Member’s question mentions a code of conduct which the GESAC is supposed to
have drawn up. The Commission knows of discussions which were held a number of years ago within the
GESAC on such a code. However, according to the information at its disposal, these discussions did not
lead to anything and the GESAC has not submitted a code of conduct to the European Commission.

(1) OJ L 167, 22.6.2001.

(2002/C 160 E/242)

WRITTEN QUESTION E-0184/02

by Caroline Jackson (PPE-DE) to the Commission

(6 February 2002)

Subject: Fire safety in buildings

New building materials, capable of providing very high security against fire, and which meet the most
stringent fire safety requirements (such as autoclaved aerated concrete), are now coming on to the market.

In the light of this:

1.

Is the Commission planning to update the Council Recommendation of 22 December 1986 on fire
safety in hotels (86/666/EEC (1)), and, if not, why not?

2. Given that fire safety requirements for building materials vary very widely in the Member States and
that, in some Member States, they are very low, will the Commission come forward with proposals for
improvements in fire safety in general?

(1) OJ L 384, 31.12.1986, p. 60.

Answer given by Mr Byrne on behalf of the Commission

(15 March 2002)

The Commission has launched a review of the Council Recommendation 86/666/EEC of 22 December
1986 on fire safety in existing hotels (1) in order to examine to which extent the Recommendation’s
objectives have been achieved and whether any further action is necessary. This initiative is the follow-up
to the report on the application of Recommendation 86/666/EEC (2)
the Commission recently
presented to the Parliament and the Council. As announced in the conclusions of
the
Commission intends to examine the need to up-date the technical guidelines laid down by the
Recommendation. The first step, to be carried out in close co-operation with the national authorities and
with contributions from the interested parties, will focus on the assessment of the technical guidelines of
the Recommendation in the light of the technological and scientific progress since its adoption.

the report,

that

The next steps will address the other areas identified in the report, in particular the definition of more
precise provisions for alternative solutions where the guidelines cannot be applied to existing hotels and
the reinforcement of the provisions concerning monitoring of implementation. Dissemination of best
practices in fire safety management and monitoring will also be considered. The Commission intends to
finalise this work in 2003.

The fire safety of construction products are currently regulated at Member States level. However, the
Commission, in consultation with Member States’ Fire Regulators, has elaborated European classification
systems for construction products in relation to reaction to fire and resistance to fire.