Proposal for a Directive of the European Parliament and of the Council on rental right and lending right and on certain rights related to copyright in the field of intellectual property (Codified version)
Date: 2006-05-22
Institutions: European Commission
Subjects: EC Directive, codification of EU law, copyright, heritage protection, intellectual property, literary and artistic property

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 22.5.2006 
COM(2006)226 final 

2006/0073(COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on rental right and lending right and on certain rights related to copyright in the field of 
intellectual property 

(Codified version) 

(presented by the Commission) 

EN 

   EN 

 
 
 
  
 
 
EXPLANATORY MEMORANDUM 

In  the  context  of  a  people’s  Europe,  the  Commission  attaches  great  importance  to 
simplifying  and  clarifying  Community  law  so  as  to  make  it  clearer  and  more 
accessible to the ordinary citizen, thus giving him new opportunities and the chance 
to make use of the specific rights it gives him. 

This aim cannot be achieved so long as numerous provisions that have been amended 
several times, often quite substantially, remain scattered, so that they must be sought 
partly  in  the  original  instrument  and  partly  in  later  amending  ones.  Considerable 
research work, comparing many different instruments, is thus needed to identify the 
current rules. 

For  this  reason  a  codification  of  rules  that  have  frequently  been  amended  is  also 
essential if Community law is to be clear and transparent. 

On  1  April  1987  the  Commission  therefore  decided1  to  instruct  its  staff  that  all 
legislative acts should be codified after no more than ten amendments, stressing that 
this  is  a  minimum  requirement  and  that  departments  should  endeavour  to  codify  at 
even  shorter  intervals  the  texts  for  which  they  are  responsible,  to  ensure  that  the 
Community rules are clear and readily understandable. 

The  Conclusions  of 
the  Edinburgh  European  Council 
(December 1992) confirmed this2, stressing the importance of codification as it offers 
certainty as to the law applicable to a given matter at a given time. 

the  Presidency  of 

Codification  must  be  undertaken  in  full  compliance  with  the  normal  Community 
legislative procedure. 

Given  that  no  changes  of  substance  may  be  made  to  the  instruments  affected  by 
codification, the European Parliament, the Council and the Commission have agreed, 
by  an  interinstitutional  agreement  dated  20  December  1994,  that  an  accelerated 
procedure may be used for the fast-track adoption of codification instruments. 

is 

this  proposal 

to  undertake  a  codification  of  Council 
The  purpose  of 
Directive 92/100/EEC of 19 November 1992 on rental right and lending right and on 
certain  rights  related  to  copyright  in  the  field  of  intellectual  property3.  The  new 
Directive  will  supersede  the  various  acts  incorporated  in  it4;  this  proposal  fully 
preserves the content of the acts being codified and hence does no more than bring 
them together with only such formal amendments as are required by the codification 
exercise itself. 

COM(87) 868 PV. 
See Annex 3 to Part A of the Conclusions. 
Carried out pursuant to the Communication from the Commission to the European Parliament and the 
Council – Codification of the Acquis communautaire, COM(2001) 645 final. 
See Annex I, Part A of this proposal. 

1. 

2. 

3. 

4. 

1 
2 
3 

4 

EN 

2 

   EN 

 
                                                 
5. 

The codification proposal was drawn up on the basis of a preliminary consolidation, 
in all official languages, of Directive 92/100/EEC and the instruments amending it, 
carried out by the Office for Official Publications of the European Communities, by 
means  of  a  data-processing  system.  Where  the  Articles  have  been  given  new 
numbers,  the  correlation  between  the  old and  the  new  numbers  is  shown  in  a  table 
contained in Annex II to the codified Directive. 

EN 

3 

   EN 

 
(cid:208) 92/100/EEC (adapted) 

2006/0073(COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on rental right and lending right and on certain rights related to copyright in the field of 
intellectual property 

THE EUROPEAN PARLIAMENT AND 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, 

Having regard to the proposal from the Commission, 

Having regard to the opinion of the European Economic and Social Committee5, 

Acting in accordance with the procedure laid down in Article 251 of the Treaty6, 

Whereas: 

(1) 

Council Directive 92/100/EEC of 19 November 1992 on rental right and lending right 
and on certain rights related to copyright in the field of intellectual property7 has been 
substantially amended several times8. In the interests of clarity and rationality the said 
Directive should be codified. 

(cid:208)  

(2) 

Rental  and  lending  of  copyright  works  and  the  subject  matter  of  related  rights 
protection  is  playing  an  increasingly  important  role  in  particular  for  authors, 
performers and producers of phonograms and films. Piracy is becoming an increasing 
threat. 

(cid:208) 92/100/EEC Recital 4 

5 
6 
7 

8 

OJ C , , p. . 
OJ C , , p. . 
OJ  L  346,  27.11.1992,  p.  61.  Directive  as  last  amended  by  Directive  2001/29/EC  of  the  European 
Parliament and of the Council (OJ L 167, 22.6.2001, p. 10). 
See Annex I, Part A. 

EN 

4 

   EN 

 
 
 
 
                                                 
(cid:208) 92/100/EEC Recital 5 (adapted) 

(3) 

The  adequate  protection  of  copyright  works  and  subject  matter  of  related  rights 
protection by rental and lending rights as well as the protection of the subject matter of 
related rights protection by the fixation right, distribution right, right to broadcast and 
communication to  the public can accordingly be considered as being of fundamental 
importance for the economic and cultural development ⌦ of the Community ⌫ . 

(4) 

Copyright  and  related  rights  protection  must  adapt  to  new  economic  developments 
such as new forms of exploitation. 

(cid:208) 92/100/EEC Recital 6 

(cid:208) 92/100/EEC Recital 7 

(5) 

The  creative  and  artistic  work  of  authors  and  performers  necessitates  an  adequate 
income as a basis for further creative and artistic work, and the investments required 
particularly for the production of phonograms and films are especially high and risky. 
The  possibility  for  securing  that  income  and  recouping  that  investment  can  only 
effectively  be  guaranteed  through  adequate  legal  protection  of  the  rightholders 
concerned. 

(cid:208) 92/100/EEC  Recitals  8  and  9 
(adapted) 

(6) 

These creative, artistic and entrepreneurial activities are, to a large extent, activities of 
self-employed  persons.  ⌦ To  the  extent  that  these  activities  principally  constitute 
services,  their  provision  and  their ⌫  pursuit  ⌦ should ⌫  be  made  easier  by 
providing harmonised legal protection within the Community. 

(7) 

The legislation of the Member States should be approximated in such a way as not to 
conflict  with  the  international  conventions  on  which  the  copyright  and  related  rights 
laws of many Member States are based. 

(cid:208) 92/100/EEC Recital 10 

(8) 

The  legal  framework  of  the  Community  on the  rental  right  and  lending  right  and  on 
certain  rights  related  to  copyright  can  be  limited  to  establishing  that  Member  States 

(cid:208) 92/100/EEC Recital 11 
(adapted) 

EN 

5 

   EN 

 
 
 
 
 
 
 
provide rights with respect to rental and lending for certain groups of rightholders and 
the  rights  of  fixation,  distribution,  broadcasting  and 
further 
communication to the public for certain groups of rightholders in the field of related 
rights protection. 

to  establishing 

(9) 

It  is  necessary  to  define  the  concepts  of  rental  and  lending  for  the  purposes  of  this 
Directive. 

(cid:208) 92/100/EEC Recital 12 

(cid:208) 92/100/EEC Recital 13 
(adapted) 

(10) 

It  is  desirable,  with  a  view  to  clarity,  to  exclude  from  rental  and  lending  within  the 
meaning  of  this  Directive  certain  forms  of  making  available,  as  for  instance  making 
available phonograms or films for the purpose of public performance or broadcasting, 
making  available  for  the  purpose  of  exhibition,  or  making  available  for  on-the-spot 
reference use. Lending within the meaning of this Directive ⌦ should ⌫ not include 
making available between establishments which are accessible to the public. 

(11)  Where lending by an establishment accessible to the public gives rise to a payment the 
amount of which does not go beyond what is necessary to cover the operating costs of 
the  establishment,  there  is  no  direct  or  indirect  economic  or  commercial  advantage 
within the meaning of this Directive. 

(cid:208) 92/100/EEC Recital 14 

(12) 

It  is  necessary  to  introduce  arrangements  ensuring  that  an  unwaivable  equitable 
remuneration is obtained by authors and performers who must retain the possibility to 
entrust the administration of this right to collecting societies representing them. 

(cid:208) 92/100/EEC Recital 15 

(cid:208) 92/100/EEC Recitals 16 and 17 
(adapted) 

(13)  The  equitable  remuneration  may  be  paid  on  the  basis  of  one  or  several  payments  at 
any time on or after the conclusion of the contract. ⌦ It should ⌫ take account of the 
importance  of  the  contribution  of  the  authors  and  performers  concerned  to  the 
phonogram or film. 

EN 

6 

   EN 

 
 
 
 
 
 
(cid:208) 92/100/EEC Recital 18 
(adapted) 

(14) 

It is also necessary to protect the rights at least of authors as regards public lending by 
providing for specific arrangements. However, any measures ⌦ taken by derogation 
from  the  exclusive  public  lending  right  should ⌫  comply  in  particular  with  Article 
⌦ 12 ⌫ of the Treaty. 

(cid:208) 92/100/EEC Recital 19 
(adapted) 

(15)  The  provisions  ⌦ laid  down  in  this  Directive  as  to  rights  related  to  copyright 
should ⌫ not prevent Member States from extending ⌦ to those exclusive rights ⌫ 
the presumption ⌦ provided for in this Directive with regard to contracts concerning 
film  production  concluded  individually  or  collectively  by  performers  with  a  film 
producer. ⌫  r.  Furthermore  ⌦ those ⌫  provisions  ⌦ should ⌫  not  prevent 
Member  States  from  providing  for  a  rebuttable  presumption  of  the  authorisation  of 
exploitation  in  respect  of  the  exclusive  rights  of  performers  provided  for  ⌦ in  the 
relevant provisions of this Directive ⌫ , in so far as such presumption is compatible 
with  the  International  Convention  for  the  Protection  of  Performers,  Producers  of 
Phonograms  and  Broadcasting  Organizations  (hereinafter  referred  to  as  the  Rome 
Convention). 

(cid:208) 92/100/EEC Recital 20 
(adapted) 

(16)  Member States ⌦ should be able to ⌫ provide for more far-reaching protection for 
owners of rights related to copyright than that required by ⌦ the provisions laid down 
in ⌫  this  Directive  ⌦ in  respect  of  broadcasting  and  communication  to  the 
public ⌫ . 

(cid:208) 92/100/EEC Recital 21 

(17)  The harmonised rental and lending rights and the harmonised protection in the field of 
rights  related  to  copyright  should  not  be  exercised  in  a  way  which  constitutes  a 
disguised restriction on trade between Member States or in a way which is contrary to 
the rule of media exploitation chronology, as recognised in the judgment handed down 
in Société Cinéthèque v. FNCF9. 

9 

Cases 60/84 and 61/84 [1985] ECR 2605. 

EN 

7 

   EN 

 
 
 
 
 
                                                 
(18)  This  Directive  should  be  without  prejudice  to  the  obligations  of  the  Member  States 
relating to the time-limits for transposition into national law of the Directives set out in 
Annex I, Part B, 

(cid:208)  

HAVE ADOPTED THIS DIRECTIVE: 

CHAPTER I 

(cid:208) 92/100/EEC 

RENTAL AND LENDING RIGHT 

Article 1 

Object of harmonisation 

1. In accordance with the provisions of this Chapter, Member States shall provide, subject to 
Article  6,  a  right  to  authorise  or  prohibit  the  rental  and  lending  of  originals  and  copies  of 
copyright works, and other subject matter as set out in Article 3(1). 

⌦ 2. The rights referred to in paragraph 1 shall not be exhausted by any sale or other act of 
distribution of originals and copies of copyright works and other subject matter as set out in 
Article 3(1). ⌫ 

(cid:208) 92/100/EEC (adapted) 

⌦ Article 2 ⌫ 

⌦ Definitions ⌫ 

1. 

For the purposes of this Directive ⌦ the following definitions shall apply: ⌫ 

⌦ (a)  ⌫  “rental”  means  making  available  for  use,  for  a  limited  period  of  time  and  for 

direct or indirect economic or commercial advantage; 

⌦ (b)  ⌫ “lending” means  making available  for  use, for a  limited  period  of  time and not 
for  direct  or  indirect  economic  or  commercial  advantage,  when  it  is  made  through 
establishments which are accessible to the public; 

⌦ (c)  “film” means a cinematographic or audiovisual work or moving images, whether or 

not accompanied by sound. ⌫ 

EN 

8 

   EN 

 
 
 
 
⌦ 2.  The principal director of a cinematographic or audiovisual work shall be considered as 
its author or one of its authors. Member States may provide for others to be considered as its 
co-authors. ⌫ 

(cid:208) 92/100/EEC Art. 2(2) (adapted) 

(cid:208) 92/100/EEC (adapted) 

Article 3 

Rightholders and subject matter of rental and lending right 

1.  The  exclusive  right  to  authorise  or  prohibit  rental  and  lending  shall  belong  ⌦ to  the 
following ⌫ : 

(a) 

(b) 

(c) 

(d) 

the author in respect of the original and copies of his work; 

the performer in respect of fixations of his performance; 

the phonogram producer in respect of his phonograms; 

the producer of the first fixation of a film in respect of the original and copies of his 
film. 

2. This Directive ⌦ shall ⌫ not cover rental and lending rights in relation to buildings and 
to works of applied art. 

(cid:208) 92/100/EEC 

3. The rights referred to in paragraph 1 may be transferred, assigned or subject to the granting 
of contractual licences. 

4.  Without  prejudice  to  paragraph  6,  when  a  contract  concerning  film  production  is 
concluded,  individually  or  collectively,  by  performers  with  a  film  producer,  the  performer 
covered by this contract shall be presumed, subject to contractual clauses to the contrary, to 
have transferred his rental right, subject to Article 5. 

5.  Member  States  may  provide  for  a  similar  presumption  as  set  out  in  paragraph  4  with 
respect to authors. 

6. Member States may provide that the signing of a contract concluded between a performer 
and a film producer concerning the production of a film has the effect of authorising rental, 
provided  that  such  contract  provides  for  an  equitable  remuneration  within  the  meaning  of 
Article 5. Member States may also provide that this paragraph shall apply mutatis mutandis to 
the rights included in Chapter II. 

EN 

9 

   EN 

 
 
 
 
Article 4 

Rental of computer programs 

This Directive shall be without prejudice to Article 4(c) of Council Directive 91/250/EEC10. 

(cid:208) 92/100/EEC (adapted) 

(cid:208) 92/100/EEC 

Article 5 

Unwaivable right to equitable remuneration 

1.  Where  an  author  or  performer  has  transferred  or  assigned  his  rental  right  concerning  a 
phonogram or an original or copy of a film to a phonogram or film producer, that author or 
performer shall retain the right to obtain an equitable remuneration for the rental. 

2.  The  right  to  obtain  an  equitable  remuneration  for  rental  cannot  be  waived  by  authors  or 
performers. 

3.  The  administration  of  this  right  to  obtain  an  equitable  remuneration  may  be  entrusted  to 
collecting societies representing authors or performers. 

4.  Member  States  may  regulate  whether  and  to  what  extent  administration  by  collecting 
societies  of  the  right  to  obtain  an  equitable  remuneration  may  be  imposed,  as  well  as  the 
question from whom this remuneration may be claimed or collected. 

Article 6 

Derogation from the exclusive public lending right 

1.  Member  States  may  derogate  from  the  exclusive  right  provided  for  in  Article  1(1)  in 
respect  of  public  lending,  provided  that  at  least  authors  obtain  a  remuneration  for  such 
lending. Member States  shall  be  free to determine this remuneration taking account of their 
cultural promotion objectives. 

2. Where Member States do not apply the exclusive lending right provided for in Article 1(1) 
as  regards  phonograms,  films  and  computer  programs,  they  shall  introduce,  at  least  for 
authors, a remuneration. 

3. Member States may exempt certain categories of establishments from the payment of the 
remuneration referred to in paragraphs 1 and 2. 

10 

OJ L 122, 17.5.1991, p. 42. 

EN 

10 

   EN 

 
 
 
                                                 
(cid:208) 92/100/EEC 

CHAPTER II 

RIGHTS RELATED TO COPYRIGHT 

Article 7 

Fixation right 

1. Member States shall provide for performers the exclusive right to authorise or prohibit the 
fixation of their performances. 

2. Member States shall provide for broadcasting organisations the exclusive right to authorise 
or prohibit the fixation of their broadcasts, whether these broadcasts are transmitted by wire 
or over the air, including by cable or satellite. 

3.  A  cable  distributor  shall  not  have  the  right  provided  for  in  paragraph  2  where  it  merely 
retransmits by cable the broadcasts of broadcasting organisations. 

Article 8 

Broadcasting and communication to the public 

1. Member States shall provide for performers the exclusive right to authorise or prohibit the 
broadcasting by wireless means and the communication to the public of their performances, 
except  where  the  performance  is  itself  already  a  broadcast  performance  or  is  made  from  a 
fixation. 

2. Member States shall provide a right in order to ensure that a single equitable remuneration 
is paid by the user, if a phonogram published for commercial purposes, or a reproduction of 
such phonogram, is used for broadcasting by wireless means or for any communication to the 
public,  and  to  ensure  that  this  remuneration  is  shared  between  the  relevant  performers  and 
phonogram  producers.  Member  States  may,  in  the  absence  of  agreement  between  the 
performers  and  phonogram  producers,  lay  down  the  conditions  as  to  the  sharing  of  this 
remuneration between them. 

3. Member States shall provide for broadcasting organisations the exclusive right to authorise 
or  prohibit  the  rebroadcasting  of  their  broadcasts  by  wireless  means,  as  well  as  the 
communication  to  the  public  of  their  broadcasts  if  such  communication  is  made  in  places 
accessible to the public against payment of an entrance fee. 

EN 

11 

   EN 

 
 
Article 9 

Distribution right 

(cid:208) 92/100/EEC (adapted) 

1. Member States shall provide ⌦ the exclusive right to make available to the public, by sale 
or  otherwise,  the  objects  indicated  in  points  (a)  to  (d),  including  copies  thereof,  hereinafter 
“the distribution right”: ⌫  

(a) 

for performers, in respect of fixations of their performances; 

(b) 

(c) 

(d) 

for phonogram producers, in respect of their phonograms; 

for producers of the  first fixations  of  films, in respect of  the original and copies of 
their films; 

for broadcasting organisations, in respect of fixations of their broadcasts as set out in 
Article 7(2). 

(cid:208) 92/100/EEC 

2. The distribution right shall not be exhausted within the Community in respect of an object 
as referred to in paragraph 1, except where the first sale in the Community of that object is 
made by the rightholder or with his consent. 

3. The distribution right shall be without prejudice to the specific provisions of Chapter I, in 
particular Article 1(2). 

4. The distribution right may be transferred, assigned or subject to the granting of contractual 
licences. 

Article 10 

Limitations to rights 

1.  Member  States  may  provide  for  limitations  to  the  rights  referred  to  in  this  Chapter  in 
respect of: 

(cid:208) 92/100/EEC  

(a) 

(b) 

private use; 

use of short excerpts in connection with the reporting of current events; 

EN 

12 

   EN 

 
 
 
 
(c) 

ephemeral fixation by a broadcasting organisation by means of its own facilities and 
for its own broadcasts; 

(d) 

use solely for the purposes of teaching or scientific research. 

2.  Irrespective  of  paragraph  1,  any  Member  State  may  provide  for  the  same  kinds  of 
limitations  with  regard  to  the  protection  of  performers,  producers  of  phonograms, 
broadcasting organisations and of producers of the first fixations of films, as it provides for in 
connection with the protection of copyright in literary and artistic works. 

However,  compulsory  licences  may  be  provided  for  only  to  the  extent  to  which  they  are 
compatible with the Rome Convention. 

3.  The  limitations ⌦ referred  to  in  paragraphs  1  and  2 ⌫  shall  only  be  applied  in  certain 
special cases which do not conflict with a normal exploitation of the subject matter and do not 
unreasonably prejudice the legitimate interests of the rightholder. 

(cid:208) 2001/29/EC Art. 11(1)(b) 
(adapted) 

(cid:208) 92/100/EEC (adapted) 

CHAPTER III 

COMMON PROVISIONS 

Article 11 

Application in time 

1.  This  Directive  shall  apply  in  respect  of  all  copyright  works,  performances,  phonograms, 
broadcasts and first fixations of films referred to ⌦ herein ⌫ which ⌦ were ⌫ , on 1 July 
1994,  still  protected  by  the  legislation  of  the  Member  States  in  the  field  of  copyright  and 
related  rights  or  ⌦ which ⌫  ⌦ met ⌫  the  criteria  for  protection  under  ⌦ this 
Directive ⌫ on that date. 

2. This Directive shall  apply  without prejudice to any acts of exploitation performed  before 
1 July 1994. 

(cid:208) 92/100/EEC 

EN 

13 

   EN 

 
 
 
 
3.  Member  States  may  provide  that  the  rightholders  are  deemed  to  have  given  their 
authorisation  to  the  rental  or  lending  of  an  object  referred  to  in  ⌦ points  (a)  to  (d)  of ⌫ 
Article 3(1) which is proven to have been made available to third parties for this purpose or to 
have been acquired before 1 July 1994. 

(cid:208) 92/100/EEC (adapted) 

However,  in  particular  where  such  an  object  is  a  digital  recording,  Member  States  may 
provide that rightholders shall have a right to obtain an adequate remuneration for the rental 
or lending of that object. 

(cid:208) 92/100/EEC 

(cid:208) 92/100/EEC (adapted) 

4. Member States ⌦ may ⌫ not apply the provisions of Article 2(2) to cinematographic or 
audiovisual works created before 1 July 1994. 

5. This Directive shall, without prejudice to paragraph 3 and subject to paragraph 7, not affect 
any contracts concluded before ⌦ 19 November 1992 ⌫. 

6.  Member  States  may  provide,  subject  to  the  provisions  of  paragraph  7,  that  when 
rightholders who acquire new rights under the national provisions adopted in implementation 
of this Directive have, before 1 July 1994, given their consent for exploitation, they shall be 
presumed to have transferred the new exclusive rights. 

(cid:208) 92/100/EEC 

(cid:208) 92/100/EEC 

7.  For  contracts  concluded  before  1  July  1994,  the  unwaivable  right  to  an  equitable 
remuneration provided for in Article 5 shall apply only where authors or performers or those 
representing  them  have  submitted  a  request  to  that  effect  before  1  January  1997.  In  the 
absence  of  agreement  between  rightholders  concerning  the  level  of  remuneration,  Member 
States may fix the level of equitable remuneration. 

Article 12 

Relation between copyright and related rights 

Protection  of  copyright-related  rights  under  this  Directive  shall  leave  intact  and  shall  in  no 
way affect the protection of copyright. 

EN 

14 

   EN 

 
 
 
 
 
 
(cid:208) 92/100/EEC (adapted) 

Article 13 

⌦ Communication ⌫ 

Member States shall communicate to the Commission the main provisions of ⌦ national ⌫ 
law ⌦ adopted ⌫ in the field covered by this Directive. 

(cid:208)  

Article 14 

Repeal 

Directive  92/100/EEC,  as  amended  by  the  Directives  listed  in  Annex  I,  Part  A,  is  repealed, 
without  prejudice  to  the  obligations  of  the  Member  States  relating  to  the  time-limits  for 
transposition into national law of the Directives set out in Annex I, Part B. 

References  to  the  repealed  Directive  shall  be  construed  as  references  to  this  Directive  and 
shall be read in accordance with the correlation table in Annex II. 

Article 15 

Entry into force 

This Directive shall enter into force on the twentieth day following that of its publication in 
the Official Journal of the European Union. 

(cid:208) 92/100/EEC (adapted) 

Article 16 

⌦ Addressees ⌫ 

(cid:208) 92/100/EEC 

This Directive is addressed to the Member States. 

Done at Brussels,  

For the European Parliament 
The President 

For the Council 
The President 

EN 

15 

   EN 

 
 
 
 
 
 
 
(cid:207) 

ANNEX I 

Part A 

Repealed Directive with its successive amendments 
(referred to in Article 14) 

Council Directive 92/100/EEC 
(OJ L 346, 27.11.1992, p. 61) 

Council Directive 93/98/EEC 
(OJ L 290, 24.11.1993, p. 9) 

Directive 2001/29/EC of the European 
Parliament and of the Council 
(OJ L 167, 22.6.2001, p. 10) 

Part B 

Article 11(2) only 

Article 11(1) only 

List of time-limits for transposition into national law 
(referred to in Article 14) 

Directive 

Time-limit for transposition 

92/100/EEC 

93/98/EEC 

2001/29/EC 

1 July 1994 

1 July 1995 

22 December 2002 

_____________

EN 

16 

   EN 

 
 
 
ANNEX II 

CORRELATION TABLE 

Directive 92/100/EEC 

This Directive 

Article 1(1) 

Article 1(2) 

Article 1(3) 

Article 1(4) 

Article 1(1) 

Article 2(1), introductory words and point (a) 

Article 2(1), point (b) 

Article 1(2) 

Article 2(1), introductory words 

Article 3(1), introductory words 

Article 2(1), first indent 

Article 2(1), second indent 

Article 2(1), third indent 

Article 3(1)(a) 

Article 3(1)(b) 

Article 3(1)(c) 

Article 2(1), fourth indent, first sentence 

Article 3(1)(d) 

Article 2(1), fourth indent, second sentence 

Article 2(1), point (c) 

Article 2(2) 

Article 2(3) 

Article 2(4) 

Article 2(5) 

Article 2(6) 

Article 2(7) 

Article 3 

Article 4 

Article 2 (2) 

Article 3(2) 

Article 2(3) 

Article 2(4) 

Article 2(5) 

Article 2(6) 

Article 4 

Article 5 

Article 5(1) to (3) 

Article 6(1) to (3) 

Article 5(4) 

Article 6 

Article 8 

- 

Article 7 

Article 8 

Article 9(1), introductory words and final words  Article 9(1), introductory words 

Article 9(1), first indent 

Article 9(1), second indent 

Article 9(1), third indent 

Article 9(1), fourth indent 

Article 9(1)(a) 

Article 9(1)(b) 

Article 9(1)(c) 

Article 9(1)(d) 

EN 

17 

   EN 

 
Article 9(2), (3) and (4) 

Article 9(2), (3) and (4) 

Article 10(1) 

Article 10(1) 

Article 10(2), first sentence 

Article 10(2), first subparagraph 

Article 10(2), second sentence 

Article 10(2), second subparagraph 

Article 10(3) 

Article 13(1) and (2) 

Article 10(3) 

Article 11(1) and (2) 

Article 13(3), first sentence 

Article 11(3), first subparagraph 

Article 13(3), second sentence 

Article 11(3), second subparagraph 

Article 13(4) 

Article 13(5) 

Article 13(6) 

Article 13(7) 

Article 13(8) 

Article 13(9) 

Article 14 

Article 15(1) 

Article 15(2) 

- 

- 

Article 16 

- 

- 

Article 11(4) 

- 

Article 11(5) 

Article 11(6) 

- 

Article 11(7) 

Article 12 

- 

Article 13 

Article 14 

Article 15 

Article 16 

Annex I 

Annex II 

_______________ 

EN 

18 

   EN