2005/470/EC: Commission Decision of 24 June 2005 terminating the examination procedure concerning piracy of Community sound recordings in Thailand and its effects on Community trade in sound recordings
Date: 2005-06-24
Institutions: European Commission
Subjects: Thailand, audiovisual piracy, copyright, international trade, recording, restriction on competition, trade regulations

L 165/32

EN

Official Journal of the European Union

25.6.2005

COMMISSION DECISION

of 24 June 2005

terminating the examination procedure concerning piracy of Community sound recordings in
Thailand and its effects on Community trade in sound recordings

(2005/470/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

as a result of the Thai authorities' failure to properly
enforce the then Thai legislation on copyright, the level
of piracy of sound recordings (international repertoire)
was likely to have reached 90 %, and that this situation
resulted in material
injury to the Community industry,
notably in the form of lost sales on the Thai market (as
well as certain other third markets).

the common commercial policy in order

Having regard to Council Regulation (EC) No 3286/94 of
22 December 1994 laying down Community procedures in
to
the field of
ensure the exercise of the Community’s rights under interna-
tional
in particular those established under the
auspices of the World Trade Organisation (1), and in particular
Article 11(1) thereof,

trade rules,

Whereas:

(1)

(2)

(3)

(4)

On 5 June 1991 the Commission received a complaint,
pursuant to Council Regulation (EEC) No 2641/84 of
the
17 September 1984 on the
common commercial policy with regard in particular to
protection against illicit commercial practices (2) from the
European Office of the International Federation of the
Phonographic Industry (IFPI), representing virtually all
producers of sound recordings in the Community.

strengthening of

The complaint alleged that piracy of Community sound
recordings was taking place on a large scale in Thailand
and that
causing injury to the
Community industry, notably by affecting exports of
Community sound recordings to Thailand as well as to
other third markets.

such piracy was

The Commission decided that the complaint contained
sufficient evidence to justify the initiation of an exami-
nation procedure. A corresponding notice was published
in the Official Journal of the European Communities (3).

of

the

initiation

the
Following
Commission conducted a factual and legal examination
and presented on 20 February 1992 its examination
report
it
appeared that, during the reference period, and essentially

to the Advisory Committee.

From this

procedure,

the

(1) OJ L 349, 31.12.1994, p. 71. Regulation as amended by Regulation

(EC) No 356/95 (OJ L 41, 23.2.1995, p. 3).

(2) OJ L 252, 20.9.1984, p. 1. Regulation as amended by Regulation

(EC) No 522/94 (OJ L 66, 10.3.1994, p. 10).

(3) OJ C 189, 20.7.1991, p. 26.

(5)

(6)

(7)

to achieve a substantial

The Commission then held consultations with the Thai
authorities which brought about the commitment of the
in September 1992, to bring down
Thai Government,
to negligible levels
piracy of EC sound recordings
within the shortest possible time span and,
in a first
stage,
reduction within one
year. The new Thai Copyright Act entered into force
on 21 March 1995. It introduced numerous provisions
simplifying action against
the pirates and
aimed at
deterrent
including
against
effects
necessary
the
potential as well as actual
infringers, notably through
much increased penalties. Under these circumstances, it
was decided by Commission decision 96/40/EC (4)
to
suspend the examination procedure, and to continue a
close monitoring of the situation.

From these

it
aimed at

taken measures
level of piracy of

The Commission conducted a further factual and legal
examination and presented on 29 May 2002, 13 October
2003 and 29 June 2004 three examination reports to the
appeared that
Advisory Committee.
Thailand has
effectively
reducing the
sound recordings
including the adoption by the Thai Parliament of an
Optical Media
enforcement
activities targeted at persons engaged in music piracy,
closer coordination between the different Thai authorities
involved in the fight against music piracy and between
the Thai authorities and music industry associations, and
the organisation of public campaigns aimed at making
consumers aware of the adverse effects of piracy.

Legislation,

intensified

Despite these initiatives, piracy of
sound recordings
(international repertoire) remains a serious problem in
Thailand, and substantial numbers of pirated sound
recordings continue to be exported to the European
Union. These continuing problems can, however, better
be addressed in other contexts than an investigation
under Regulation 3286/94.

(4) OJ L 11, 16.1.1996, p. 7.

25.6.2005

EN

Official Journal of the European Union

L 165/33

(8)

(9)

(10)

(11)

in the

reduction of piracy of
Further progress
Community sound recordings in Thailand should be
sought
context of permanent bilateral and
regional cooperation arrangements between Thailand
and the Community.

in the

(12) Accordingly,

it is appropriate to terminate the exami-

nation procedure.

(13)

The measures provided for
in this Decision are in
accordance with the opinion of the Advisory Committee,

Measures to address piracy may also be developed in the
context of
a bilateral partnership and cooperation
agreement between Thailand and the Community.

HAS ADOPTED THIS DECISION:

Sole Article

The Community may also continue to support efforts to
enhance the technical capacity of Thai authorities to
combat piracy of sound recordings in the context of
financial support programmes.

The examination procedure concerning piracy of Community
sound recordings in Thailand and its effects on Community
trade in sound recordings, is hereby terminated.

of Community

The efforts made by Thailand to address problems of
sound
piracy
can be
the mechanisms
framework of
monitored in the
envisaged by the Communication on the Strategy for
the Enforcement of Intellectual Property Rights in Third
Countries (1).

recordings

Done at Brussels, 24 June 2005.

For the Commission

Peter MANDELSON
Member of the Commission

(1) OJ C 129, 26.5.2005, p. 3.