Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on certain permitted uses of works and other subject-matter protected by copyright and related rights for the benefit of persons who are blind, visually impaired or otherwise print disabled and amending Directive 2001/29/EC on the harmonisation of certain aspects of copyright and related rights in the information society
Date: 2016-09-14
Institutions: Directorate-General for Communications Networks, Content and Technology, European Commission
Subjects: book trade, copyright, cultural object, facilities for people with disabilities, independence of people with disabilities, information society, integration of people with disabilities, literary and artistic property, physically disabled person, press

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   EUROPEAN COMMISSION  Brussels, 14.9.2016  COM(2016) 596 final 2016/0278 (COD)   Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on certain permitted uses of works and other subject-matter protected by copyright and related rights for the benefit of persons who are blind, visually impaired or otherwise print disabled and amending Directive 2001/29/EC on the harmonisation of certain aspects of copyright and related rights in the information society (Text with EEA relevance)  
 
 
EXPLANATORY MEMORANDUM 

1. 

• 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

The  proposed  Directive  will  bring  Union  law  into  line  with  the  EUʼs  international 
commitments  under  the  Marrakesh  Treaty  to  Facilitate  Access  to  Published  Works  for 
Persons  who  Are  Blind,  Visually  Impaired,  or  Otherwise  Print  Disabled  (‘the  Marrakesh 
Treaty’). 

The  Marrakesh  Treaty was  adopted  in  2013  at the  World  Intellectual  Property  Organisation 
(WIPO) with the aim of facilitating the availability and cross-border exchange of books and 
other  print  material  in  accessible  formats  around  the  world.  It  was  signed  by  the  Union1  in 
April 2014. The Treaty requires the parties to provide exceptions or limitations to copyright 
and  related  rights  for  the  benefit  of  blind,  visually  impaired  and  otherwise  print-disabled 
persons and allows for the cross-border exchange of special format copies of books, including 
audio  books,  and  other  print  material  between  countries  that  are  parties  to  the  Treaty.  The 
Union has thus made a political commitment to implement the Treaty, which both the Council 
and the European Parliament have since strengthened. The Commission separately presented 
a proposal for a Council Decision for the ratification of the Marrakesh Treaty by the Union in 
October 2014. In May 2015, the Council submitted a request to the Commission under Article 
241 of the Treaty on the Functioning of the European Union (TFEU), in which it underlined 
its  full  commitment  to  the  rapid  entry  into  force  of  the  Marrakesh  Treaty  and  asked  the 
Commission  to  submit,  without  delay,  a  legislative  proposal  to  amend  the  Union  legal 
framework in accordance with the Treaty. 

The  beneficiaries  of  the  Marrakesh  Treaty,  i.e. persons  who  are  blind,  visually  impaired,  or 
otherwise  print  disabled  ('beneficiary  persons')  face  many  barriers  to  accessing  books  and 
other  print  material  protected  by  copyright  and  related  rights.  The  availability  of  books  in 
formats that are accessible to print-disabled persons is estimated to be between 7 %2 and 20 
%3  despite  the  fact  that  digital  technology  greatly  facilitates  accessible  publishing4. 
Accessible  formats  include  e.g.  Braille,  large  print,  e-books  and  audiobooks  with  special 
navigation, audio description and radio broadcasts. 

The  objective  of  the  proposed  Directive  is  to  increase  the  availability  of  works  and  other 
protected  subject-matter,  e.g.  books,  journals,  newspapers,  magazines  and  other  writings, 
sheet music and other print material, including in audio form, in formats that are accessible to 
beneficiary persons. It will do this by ensuring that all beneficiary persons and organisations 
serving their needs on a non-profit basis can rely on a mandatory and harmonised exception to 
copyright  and  related  rights  within  the  Union.  This  will  allow  to  make  accessible  format 
copies  of  otherwise  non-accessible  works  and  other  subject  matter  that  have  already  been 
published  or  made  available.  The  proposed  Directive  would  amend  the  existing  Union 
legislative framework accordingly and ensure that the accessible format copies made in one 
Member  State  can  be  disseminated  and  accessed  throughout  the  Union.  With  respect  to  the 

1 

2 

3 

4 

Council Decision 2014/221/EU of 14 April 2014 on the signing, on behalf of the European Union, of 
the  Marrakesh  Treaty  to  Facilitate  Access  to  Published  Works  for  Persons  who  are  Blind,  Visually 
Impaired, or otherwise Print Disabled (OJ L115, 17.4.2014, p. 1.). 
LISU for the Royal National Institute of Blind People (RNIB), ʻAvailability of accessible publications - 
2011 updateʼ, October 2011. 
Catherine  Meyer-Lereculeur  ʻException  ʻhandicapʼ  au  droit  d’auteur  et  développement  de  l’offre  de 
publications accessibles à l’ère numériqueʼ, May 2013. 
These figures refer to availability in some but not all accessible formats. 

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obligations  imposed  by  the  Marrakesh  Treaty  on  the  cross-border  exchange  of  accessible 
format  copies  between  the  Union  and  third  countries  that  are  parties  to  the  Treaty,  this 
Directive should be read together with Regulation […]. 

The proposed Directive is also in line with the Union's obligations deriving from the United 
Nations Convention on the Rights of Persons with Disabilities (ʻthe UNCRPDʼ). The EU has 
been bound by the UNCRPD since January 2011, pursuant to Council Decision 2010/48/EC5. 
The provisions set out in the UNCRPD have thus become an integral part of the Union's legal 
order. The right of access to information and the right of people with disabilities to participate 
in  cultural  life  on  an  equal  basis  with  others  are  enshrined  in  the  UNCRPD.    Its  article  30 
requires  parties  to  the  Convention  to  take  all  appropriate  steps,  in  accordance  with 
international law, to ensure that laws protecting intellectual property rights do not constitute 
an  unreasonable  or  discriminatory  barrier  to  access  by  persons  with  disabilities  to  cultural 
materials. In its Concluding observations on the initial report of the European Union6, adopted 
on  4  September  2015,  the  United  Nations  Committee  on  the  Rights  of  Persons  with 
Disabilities  has  encouraged  the  Union  to  take  all  appropriate  measures  to  implement  the 
Marrakesh Treaty as soon as possible. 

• 

Consistency with existing policy provisions in the policy area 

The Union has adopted a number of Directives in the area of copyright and related rights that 
provide  legal  certainty  and  a  high  level  of  protection  for  rightholders.  The  rights  that  are 
relevant for the proposed Directive are currently harmonised in Directive 2001/29/EC on the 
harmonisation  of  certain  aspects  of  copyright  and  related  rights  in  the  information  society 
(ʻDirective 2001/29/ECʼ)7, in Directive 2006/115/EC on rental right and lending right and on 
certain rights related to copyright in the field of intellectual property8, in Directive 96/9/EC on 
the  legal  protection  of  databases9  and  in  Directive  2009/24/EC  on  the  legal  protection  of 
computer programs10. 

Union  law  also  provides  for  a  number  of  exceptions  or  limitations  to  these  rights,  which 
allow, under certain conditions and for the purpose of achieving certain policy objectives, the 
use of content without the authorisation of the rightholder. The accessibility needs of persons 
with  a  disability  were  recognised  in  this  context,  and  were  provided  for  notably  by  Article 
5(3)(b)  of  Directive  2001/29/EC.  This  provision  allows  Member  States  to  introduce 
exceptions  or  limitations  to  copyright  and  related  rights  for  the  benefit  of  persons  with 
disabilities,  including  print  disabilities,  in  respect  of  uses  which  are  directly  related  to  the 
disability, of a non-commercial nature and to the extent required by the specific disability. In 
accordance  with  the  requirements  of  the  Marrakesh  Treaty,  the  exception  introduced  by  the 

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10 

available 

Council  Decision  2010/48/EC  of  26  November  2009  concerning  the  conclusion,  by  the  European 
Community,  of  the  United  Nations  Convention  on  the  Rights  of  Persons  with  Disabilities  (OJ  L23, 
27.1.2010, p. 35). 
CRPD/C/EU/CO/1, 
at: 
http://tbinternet.ohchr.org/Treaties/CRPD/Shared%20Documents/EUR/CRPD_C_EU_CO_1_21617_E.
doc. 
Directive  2001/29/EC  of  the  European  Parliament  and  of  the  Council  of  22  May  2001  on  the 
harmonisation of certain aspects  of copyright and related rights in the information society (OJ L 167, 
22.6.2001, p. 10-19). 
Directive 2006/115/EC of the European Parliament and of the Council of 12 December 2006 on rental 
right and lending right and on certain rights related to copyright in the field of intellectual property (OJ 
L 376, 27.12.2006, p. 28-35). 
Directive  96/9/EC  of  the  European  Parliament  and  of  the  Council  of  11  March  1996  on  the  legal 
protection of databases (OJ L 77, 27.3.1996, p. 20-28). 
Directive  2009/24/EC  of  the  European  Parliament  and  of  the  Council  of  23  April  2009  on  the  legal 
protection of computer programs (OJ L 111, 5.5.2009, p. 16-22). 

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proposed Directive will be mandatory for Member States, and will apply to rights that have 
been  harmonised  at  Union  level  and  that  are  relevant  for  the  making  and  dissemination  of 
accessible format copies as defined in the Marrakesh Treaty. The exception complements the 
existing  optional  exception  or  limitation  provided  for  in  Article  5(3)(b)  of  Directive 
2001/29/EC by introducing a mandatory exception for the benefit of beneficiary persons that 
will have effect throughout the internal market. 

• 

Consistency with other Union policies 

With the adoption of this Directive, the Union aims to ensure that all beneficiary persons have 
access  to  books,  journals,  newspapers,  magazines  and  other  writings,  sheet  music  and  other 
print material to substantially the same degree as persons without an impairment or disability, 
and  that  the  full  potential  of  the  internal  market  can  be  exploited  to  achieve  this.  In  this 
respect,  the  proposed  Directive  is  consistent  with  and  complements  other  legislation  and 
initiatives  taken  at  Union  level  to  ʻbuild  on  the  strength  of  our  single  market  and  to  fully 
exploit  its  potential  in  all  its  dimensionsʼ11.  These  include  a  proposal  for  a  Directive  of  the 
European Parliament and of the Council on the accessibility of public sector bodiesʼ websites 
and one for a Directive of the European Parliament and of the Council on the approximation 
of  the  laws,  regulations  and  administrative  provisions  of  the  Member  States  as  regards  the 
accessibility  requirements  for  products  and  services  (ʻthe  European  Accessibility  Act 
proposalʼ).  In  particular,  the  European  Accessibility  Act  proposal  includes  obligations  to 
ensure that e-book services provided in the internal market as of its date of application comply 
with certain functional requirements so that they are accessible from the moment they are put 
on the market. 

2. 

• 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

The  legal  basis  for  the  proposal  is  Article  114  of  the  Treaty  on  the  Functioning  of  the 
European Union (TFEU). 

• 

Subsidiarity (for non-exclusive competence)  

The Union may adopt measures in accordance with the principle of subsidiarity as set out in 
Article  5  TFEU.  The  objective  of  this  proposed  Directive  is  to  facilitate  access  to  certain 
content protected by copyright and related rights for the beneficiary persons of the Marrakesh 
Treaty  within  the  internal  market  in  an  area  that  is  already  harmonised  by  Union  law  and 
consequently can only be amended by Union law. In the absence of Union intervention, this 
objective could not be achieved by Member States. In addition, by reason of scale and effects, 
this objective can be better achieved at Union level. 

• 

Proportionality 

The proportionality of the proposal is ensured as it does not go beyond what is necessary to 
implement the Union obligations under the Marrakesh Treaty within the Union. 

• 

Choice of the instrument 

The choice of a Directive is consistent with previous measures in this area, notably Directive 
2001/29/EC which harmonised the rights of authors and other rightholders and introduced an 
optional  exception  or  limitation  for  the  benefit  of  people  with  a  disability.  The  proposed 
Directive  would  amend  the  existing  Union  legislative  framework  by  providing  for  a  new 

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President Junckerʼs Political Guidelines. 

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mandatory  exception  to  the  relevant  harmonised  rights  and  ensuring  that  accessible  format 
copies  made  in  one  Member  State  under  that  exception  can  be  disseminated  and  accessed 
throughout  the  Union.  In  so  doing  and  by  providing  for  clear  definitions,  it  introduces  a 
uniform approach to the Union's obligations under the Treaty, including the free circulation of 
accessible  format  copies  in  the  internal  market,  providing  the  beneficiaries  of  the  exception 
with the necessary legal certainty in undertaking the uses that it covers. At the same time, it 
allows  for  a  certain  margin  of  manoeuvre  for  Member  States  for  adapting  specific  national 
legislation that might be directly or indirectly affected by the provisions of this Directive, for 
example in the area of education, healthcare or other social policies. 

3. 

• 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

Ex-post evaluations/fitness checks of existing legislation 

The  purpose  of  the  proposed  Directive  is  to  fulfil  new  international  obligations  as  regards 
Union law. A retrospective evaluation of existing European law in this area is therefore not 
relevant  and  not  required  in  this  context.  Available  information  on  related  European 
legislation  was  however  taken  into  account,  notably  the  results  of  public  consultations  and 
existing expert input. 

• 

Stakeholder consultations 

No  specific  stakeholder  consultation  was  carried  out  for  the  purposes  of  the  proposed 
Directive,  which  implements  provisions  established  at  international  level.  The  extensive 
public  consultation  on  the  review  of  the  EU  copyright rules  carried  out  by  the  Commission 
between  December  2013  and  March  2014  also  included  a  section  on  limitations  and 
exceptions for the benefit of persons with disabilities and on the access to and circulation of 
works  in  accessible  formats,  which  also  referred  to  the  Marrakesh  Treaty12.  Among  other 
aspects,  the  views  expressed  by  end  users,  consumers  and  institutional  users  (including 
organisations serving the needs of people with disabilities and libraries) pointed to a diverging 
scope  of  national  exceptions  or  limitations,  making  it  difficult  to  have  legal  certainty  when 
exporting and importing accessible format copies made under a national copyright exception 
or  limitation.  These  institutional  respondents  were  consistently  of  the  opinion  that  the 
Marrakesh  Treaty  would  satisfactorily  address  these  concerns.  Rightholders  and  collective 
management organisations generally felt that there were no problems arising from the national 
implementation of the optional exception or limitation provided for in Union legislation. They 
also  remarked  that  existing  market  mechanisms  were  effectively  addressing  the  problem  of 
access  to  works  for  persons  with  disabilities.  This  view  was  not  shared  by  end  users, 
consumers or institutional users. 

• 

Collection and use of expertise 

No expertise was collected specifically in preparation of this proposal. The Commission took 
into account a 2013 study on the application of Directive 2001/29/EC13, which assessed inter 
alia the application in 11 Member States of the optional exception or limitation for persons 
with a disability provided for in Article 5(3)(b) of that Directive. 

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Report  on  the  responses  to  the  Public  Consultation  on  the  Review  of  the  EU  Copyright  Rules,  July 
2014, p. 61-63. http://ec.europa.eu/internal_market/consultations/2013/copyright-rules/index_en.htm . 
"Study on  the application  of Directive  2001/29/EC  on  copyright and  related  rights  in  the  information 
society", 
at: 
available 
http://ec.europa.eu/internal_market/copyright/docs/studies/131216_study_en.pdf , p. 417 et seq. 

December 

partners, 

2013, 

Wolf 

and 

De 

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• 

Impact assessment 

The proposed Directive will implement the Marrakesh Treaty in the internal market and aims 
to  bring  Union  law  into  line  with  the  Treaty.  The  Better  Regulation  Guidelines14  do  not 
require an impact assessment to be carried out when the Commission has no discretion over 
the policy content. 

• 

Fundamental rights 

The  proposed  Directive  supports  the  right  of  persons  with  disabilities  to  benefit  from 
measures  designed  to  ensure  their  independence,  social  and  occupational  integration  and 
participation  in  the  life  of  the  community,  as  enshrined  in  Article  26  of  the  Charter  of 
Fundamental  Rights  of  the  European  Union  ('the  Charter').  The  Directive  also  reflects  the 
Union's commitments under the UNCRPD. The UNCRPD guarantees people with disabilities 
the right of access to information and the right to participate in cultural, economic and social 
life on an equal basis with others. In view of this, it is justified to restrict the property rights of 
rightholders in light of the Union's obligations under the Charter15. The proposed Directive is 
an  essential  first  step  in  ensuring  such  access  to  information  and  participation  in  cultural, 
economic and social life. 

The proposal would have limited impact on copyright as a property right as recognised in the 
Charter (Article 17(2))16. It should be noted that, at present, all Member States have to some 
extent  made  use  of  the  optional  copyright  exception  or  limitation  provided  for  in  Article 
5(3)(b)  of  Directive  2001/29/EC.  The  impact  of  the  proposed  Directive  on  copyright  as  a 
property  right  will  thus  be  limited  to  fully  harmonising  the  existing  divergent  copyright 
exceptions  or  limitations  for  persons  with  print  disabilities  that  are  in  force  in  the  Member 
States. 

4. 

BUDGETARY IMPLICATIONS 

The proposal has no impact on the Union budget. 

5. 

OTHER ELEMENTS 

European Economic Area 

The proposed act relates to an European Economic Area (EEA) matter and it should extend to 
the EEA.E- 

• 

Implementation plans and monitoring, evaluation and reporting arrangements 

Member  States  will  be  obliged  to  bring  into  force  the  laws,  regulations  and  administrative 
provisions necessary to comply with this Directive by 12 months after its adoption. Member 
States  will  be  required  to  communicate  to  the  Commission  the  provisions  introduced  to 
comply with this Directive, and other major legislative provisions adopted in the field covered 
by this Directive. The Commission will monitor the implementation of the proposed Directive 
and, in accordance with Better Regulation Guidelines and no sooner than five years after the 

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SWD(2015) 111 final. 
Article  52(1)  of  the  Charter  allows  restrictions  interfering  with  the  exercise  of  the  freedoms  of  the 
Charter. Such restrictions must (i) be provided for by law; and (ii) respect the essence of those rights 
and freedoms. In addition, the limitations are (iii) ʻsubject to the principle of proportionalityʼ and ʻmay 
be made only if they are necessary and genuinely meet objectives of general interest recognized by the 
Union or the need to protect the rights and freedoms of othersʼ. 
OJ C 83, 30.3.2010, p. 389–403. 

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date  of  transposition,  it  shall  carry  out  an  evaluation  of  the  Directive  and  present  the  main 
findings  to  the  European  Parliament,  the  Council  and  the  European  Economic  and  Social 
Committee,  accompanied,  where  appropriate,  by  proposals  for  the  amendment  of  the 
Directive.  In  the  same  way,  it  will  also  carry  out  an  evaluation  of  Regulation  […].  The 
Commission  will  also  monitor  the  availability  in  accessible  formats  of  works  and  other 
subject-matter  other  than  those  covered  by  this  Directive,  and  the  availability  of  works  and 
other subject-matter in accessible formats for people with other disabilities, within the Union. 
The Commission will, by two years after the date of transposition of the proposed Directive, 
present a report on this matter. That report shall include an assessment on whether expanding 
the scope of this Directive in accordance with its findings should be considered. 

• 

Explanatory documents 

In  the  Joint  Political  Declaration  of  28  September  2011  of  Member  States  and  the 
Commission on explanatory documents17, Member States agreed to provide the Commission, 
when notifying it of the measures taken to transpose a directive, with one or more documents 
explaining  the  relationship  between  the  provisions  of  the  directive  and  corresponding 
provisions  of  their  national  measures,  where  there  is  a  justification  for  demanding  this 
additional  information.  The  explanatory  documentation  will  help  to  ensure  that  all  national 
legal  systems  put  in  place  a  mandatory  exception  in  line  with  this  Directive  in  the  light  of 
Union obligations under the Marrakesh Treaty. 

• 

Detailed explanation of the specific provisions of the proposal 

Article 1 specifies the subject-matter and the scope of the proposal. The proposed Directive 
will facilitate the use of certain copyright protected content, without the authorisation of the 
rightholder,  for  the  benefit  of  persons  who  are  blind,  visually  impaired  or  otherwise  print 
disabled. 

Article  2  gives  the  definitions  of  the  terms  ʻwork  and  other  subject-matterʼ,  ʻbeneficiary 
personʼ,  ʻaccessible  format  copyʼ  and  ʻauthorised  entityʼ  that  apply  for  the  purposes  of  the 
proposed Directive. 

Article  3  provides  for  a  mandatory  exception  and  states  the  specific  permitted  uses  by 
beneficiary persons and authorised entities.  

Article  4  relates  to  the  circulation  of  accessible  format  copies  in  the  internal  market.  The 
provision aims to ensure that accessible format copies made under the exception provided for 
in Article 3 may circulate or be accessed in any Member State.  

Article 5 sets out the applicable rules for the protection of personal data.  

Article 6 states the amendments to be made to Directive 2001/29/EC to ensure coherence with 
this Directive.  

Article  7  states  that  the  Commission  will  present  a  report  on  the  availability  in  the  internal 
market  of  works  and  other  subject  matter  in  accessible  formats  and  for  persons  with 
disabilities other than those covered by this Directive. 

Article 8 sets out the arrangements on the evaluation of the proposed Directive, in accordance 
with Better Regulation rules. 

17 

OJ C 369, 17.12.2011, p. 14. 

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Article 9 sets the time frame for the transposition of the proposed Directive by the Member 
States and specifies a number of accompanying obligations that must be met by the Member 
States,  e.g.  to  notify  the  Commission  of  the  main  provisions  that  implement  the  proposed 
Directive in their national law. 

Article 10 specifies the date of the Directive's entry into force and Article 11 states that the 
Directive is addressed to the Member States. 

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2016/0278 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on certain permitted uses of works and other subject-matter protected by copyright and 
related rights for the benefit of persons who are blind, visually impaired or otherwise 
print disabled and amending Directive 2001/29/EC on the harmonisation of certain 
aspects of copyright and related rights in the information society 

(Text with EEA relevance) 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 114 thereof, 

Having regard to the proposal from the European Commission, 

After transmission of the draft legislative act to the national parliaments, 
Having regard to the opinion of the European Economic and Social Committee18, 

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

Union Directives in the area of copyright and related rights provide legal certainty and 
a  high  level  of  protection  for  rightholders.  This  harmonised  legal  framework 
contributes to the proper functioning of the internal market and stimulates innovation, 
creation,  investment  and  the  production  of  new  content,  including  in  the  digital 
environment.  It  also  aims  to  promote  access  to  knowledge  and  culture  by  protecting 
works and other subject-matter and by permitting exceptions or limitations that are in 
the  public  interest.  A  fair  balance  of  rights  and  interests  between  rightholders  and 
users should be safeguarded. 
Directive  96/9/EC  of  the  European  Parliament  and  of  the  Council19,  Directive 
2001/29/EC of the European Parliament and of the Council20, Directive 2006/115/EC 
of  the  European  Parliament  and  of  the  Council21  and  Directive  2009/24/EC  of  the 
European Parliament and of the Council22 harmonise the rights of rightholders. Those 
Directives provide for an exhaustive list of exceptions and limitations to those rights, 
which allow for the use of content without the authorisation of the rightholders under 
certain conditions in order to achieve certain policy objectives. 

(3) 

Persons who are blind, visually impaired or otherwise print disabled continue to face 
many  barriers  in  accessing  books  and  other  print  material  which  are  protected  by 
copyright and related rights. Measures need to be taken to increase the availability of 

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19 
20 
21 
22 

OJ C , , p. . 
OJ L 77, 27.3.1996, p. 20-28. 
OJ L 167, 22.6.2001, p. 10-19. 
OJ L 376, 27.12.2006, p. 28-35. 
OJ L 111, 5.5.2009, p. 16-22. 

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(4) 

(5) 

(6) 

(7) 

those  works  in  accessible  formats  and  to  improve  their  circulation  in  the  internal 
market. 

The Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are 
Blind,  Visually  Impaired,  or  Otherwise  Print  Disabled  (ʻthe  Marrakesh  Treatyʼ)  was 
signed on behalf of the Union on 30 April 201423. Its aim is to improve the availability 
of works and other protected subject-matter in accessible formats for persons who are 
blind,  visually  impaired  or  otherwise  print  disabled.  The  Marrakesh  Treaty  requires 
contracting  parties  to  provide  exceptions  or  limitations  to  the  rights  of  holders  of 
copyright and related rights for the making and dissemination of copies in accessible 
formats of certain works and other subject-matter, and for the cross-border exchange 
of  those  copies.  The  conclusion  of  the  Marrakesh  Treaty  by  the  Union  requires  the 
adaptation  of  Union  law  by  establishing  a  mandatory  exception  for  uses,  works  and 
beneficiary persons covered by the Treaty. This Directive implements the obligations 
that the Union has to meet under the Marrakesh Treaty in a harmonised manner, with a 
view to ensuring that those measures are applied consistently throughout the internal 
market. 

This  Directive  is  designed  for  the  benefit  persons  who  are  blind,  have  a  visual 
impairment  which  cannot  be  improved  so  as  to  give  those  persons  visual  function 
substantially  equivalent  to  that  of  a  person  who  has  no  such  impairment,  or  have  a 
perceptual  or  reading  disability,  including  dyslexia,  preventing  them  from  reading 
printed  works to  substantially the same degree  as  persons without such disability, or 
are unable to hold or manipulate a book or to focus or move the eyes to the extent that 
would be normally acceptable for reading due to a physical disability. The objective of 
the  measures  introduced  by  this  Directive  is  to  improve  the  availability  of  books, 
journals,  newspapers,  magazines  and  other  writings,  sheet  music  and  other  print 
material,  including  in  audio  form,  whether  digital  or  analogue,  in  formats  that  make 
those  works  and  other  subject-matter  accessible  to  those  persons  to  substantially  the 
same  degree  as  to  persons  without  an  impairment  or  disability.  Accessible  formats 
include Braille, large print, adapted e-books, audio books and radio broadcasts. 

This Directive should therefore provide for mandatory exceptions to the rights that are 
harmonised  by  Union  law  and  are  relevant  for  the  uses  and  works  covered  by  the 
Marrakesh  Treaty.  These 
the  rights  of  reproduction, 
communication to the public, making available, distribution and lending, as provided 
for  in  Directive  2001/29/EC,  Directive  2006/115/EC,  and  Directive  2009/24/EC,  as 
well as the corresponding rights in Directive 96/9/EC. As the scope of exceptions and 
limitations required by the Marrakesh Treaty also includes works in audio form, like 
audiobooks, it is necessary that these exceptions also apply to related rights. 

in  particular 

include 

Uses  laid  down  in  this  Directive  include  the  making  of  accessible  format  copies  by 
either  the  beneficiary  persons  or  authorised  entities  serving  their  needs  —  whether 
public or private organisations, in particular libraries, educational establishments and 
other non-profit organisations that serve persons with a print disability as their main or 
one  of  their  main  activities  or  public  interest  missions  —.  Those  uses  should  also 
include  making  accessible  format  copies,  for  the  exclusive  use  of  the  beneficiary 
persons,  by  a  natural  person  who  does  so  on  behalf  of  a  beneficiary  person  or  who 
assists the beneficiary person in doing so. 

23 

Council Decision 2014/221/EU of 14 April 2014 on the signing, on behalf of the European Union, of 
the  Marrakesh  Treaty  to  Facilitate  Access  to  Published  Works  for  Persons  who  are  Blind,  Visually 
Impaired, or otherwise Print Disabled. (OJ L115, 17.4.2014, p. 1). 

EN 

10 

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(8) 

(9) 

(10) 

The mandatory exception should also limit the right of reproduction so as to allow for 
any  act  that  is  necessary  in  order  to  make  changes  to  or  convert  or  adapt  a  work  or 
other  subject-matter  in  such  a  way  as  to  produce  an  accessible  format  copy.  This 
includes  providing  the  necessary  means  to  navigate  information  in  an  accessible 
format copy. 

The  exception  should  allow  authorised  entities  to  make  and  disseminate  online  and 
offline  within  the  Union  accessible  format  copies  of  works  or  other  subject-matter 
covered by this Directive. 

It  should  be  possible  for  accessible  format  copies  made  in  one  Member  State  to  be 
available in all Member States, in order to ensure their greater availability across the 
internal  market.  This  would  reduce  the  demand  for  redundant  work  in  producing 
accessible  format  copies  of  the  same  work  or  other  subject  matter  across  the  Union, 
thus  generating  savings  and  efficiency  gains.  This  Directive  should  therefore  ensure 
that  accessible  format  copies  made  in  one  Member  State  may  be  circulated  and 
accessed in all Member States. An authorised entity should thus be able to disseminate 
those  copies,  offline  or  online,  to  beneficiary  persons  and  authorised  entities  in  any 
Member  State.  Moreover,  authorised  entities  and  beneficiary  persons  should  be 
allowed  to  obtain  or  have  access  to  those  copies  from  any  authorised  entity  in  any 
Member State. 

(11) 

In view of the specific nature of the exception, its targeted scope and the need for legal 
certainty  for  its  beneficiaries,  Member  States  should  not  be  allowed  to  impose 
additional  requirements  for  the  application  of  the  exception,  such  as  compensation 
schemes  or  the  prior  verification  of  the  commercial  availability  of  accessible  format 
copies. 

(12)  Any  processing  of  personal  data  under  this  Directive  should  respect  fundamental 
rights,  including  the  right  to  respect  for  private  and  family  life  and  the  right  to 
protection  of  personal  data  under  Articles  7  and  8  of  the  Charter  of  Fundamental 
Rights of the European Union and must be in compliance with Directive 95/46/EC of 
the European Parliament and of the Council, which governs the processing of personal 
data,  as  may  be  carried  out  by  authorised  entities  within  the  framework  of  this 
Directive  and  under  the  supervision  of  the  Member  Statesʼ  competent  authorities,  in 
particular the public independent authorities designated by the Member States.  

(13)  The  United  Nations  Convention  on  the  Rights  of  Persons  with  Disabilities  (ʻthe 
UNCRPDʼ), to which the EU is a party, guarantees people with disabilities the right of 
access to information and the right to participate in cultural, economic and social life 
on an equal basis with others. The UNCRPD requires parties to the Convention to take 
all  appropriate  steps,  in  accordance  with  international  law,  to  ensure  that  laws 
protecting 
intellectual  property  rights  do  not  constitute  an  unreasonable  or 
discriminatory barrier to access by persons with disabilities to cultural materials. 

(14)  Under  the  Charter  of  Fundamental  Rights  of  the  European  Union,  the  Union 
recognises and respects the right of people with disabilities to benefit from measures 
designed  to  ensure  their  independence,  social  and  occupational  integration  and 
participation in the life of the community. 

(15)  With the adoption of this Directive, the Union aims to ensure that beneficiary persons 
have access to books and other print material in accessible formats. Accordingly, this 
Directive  is  an  essential  first  step  in  improving  access  to  works  for  people  with 
disabilities. 

EN 

11 

   EN 

 
(16)  The Commission will monitor the effect of this Directive. As part of this, it will assess 
the  situation  regarding  the  availability  in  accessible  formats  of  works  and  other 
subject-matter other than those covered by this Directive, as well as the availability of 
works  and  other  subject-matter  in  accessible  formats  for  persons  with  other 
disabilities. The Commission will review the situation closely. Changes to the scope of 
this Directive may be considered, if necessary. 

(17)  Pursuant  to  Directive  2001/29/EC,  Member  States  may  continue  to  provide  for  an 
exception or limitation for the benefit of persons with a disability in cases which are 
not covered by this Directive. 

(18)  This  Directive  therefore  respects  the  fundamental  rights  and  observes  the  principles 
recognised in particular by the Charter of Fundamental Rights of the European Union. 
This Directive should be interpreted and applied in accordance with those rights and 
principles. 

(19)  The  Marrakesh  Treaty  imposes  certain  obligations  regarding  the  exchange  of 
accessible format copies between the Union and third countries that are parties to the 
Treaty.  The  measures  taken  by  the  Union  to  fulfil  those  obligations  are  contained in 
Regulation […] which should be read in conjunction with this Directive. 

(20)  The  objective  of  this  Directive  —  implementing  the  Union's  obligations  under  the 
Marrakesh  Treaty  in  order  to  improve  access  to  works  and  other  subject-matter 
protected by copyright and related rights for persons who are blind, visually impaired 
or otherwise print disabled in the Union — cannot be achieved by the Member States 
acting  independently,  as  it  requires  the  adaptation  of  Union  law.  Furthermore,  by 
reason  of  its  scale  and  effects,  the  objective  can  only  be  achieved  through  action  at 
Union level. The Union may therefore adopt measures in accordance with the principle 
of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance 
with the principle of proportionality as set out in the same Article, this Directive does 
not go beyond what is necessary in order to achieve that objective. 

(21) 

In  accordance  with  the Joint  Political  Declaration  of  28  September  2011  of  Member 
States  and  the  Commission  on  explanatory  documents24,  Member  States  have 
undertaken  to  accompany,  in  justified  cases,  the  notification  of  their  transposition 
measures  with  one  or  more  documents  explaining  the  relationship  between  the 
components  of  a  directive  and  the  corresponding  parts  of  national  transposition 
instruments. With regard to this Directive, the legislator considers the transmission of 
such documents to be justified. 

HAVE ADOPTED THIS DIRECTIVE: 

Article 1 
Subject matter and scope 

This Directive lays down rules on the use of certain works and other subject-matter without 
the authorisation of the rightholder, for the benefit of persons who are blind, visually impaired 
or otherwise print disabled. 

Article 2 
Definitions 

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

24 

OJ C 369, 17.12.2011, p. 14. 

EN 

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(1) 

‘work  and  other  subject-matter’  means  a  work  in  the  form  of  a  book,  journal, 
newspaper,  magazine  or  other  writing,  including  sheet  music,  and  related 
illustrations,  in  any  media,  including  in  audio  forms  such  as  audiobooks,  which  is 
protected by copyright or related rights and which is published or otherwise lawfully 
made publicly available;  

(2) 

‘beneficiary person’ means:  

(a) 

(b) 

(c) 

(d) 

a person who is blind;   

a person who has a visual impairment which cannot be improved so as to 
give the person visual function substantially equivalent to that of a person 
who has no such impairment;  

a person who has a perceptual or reading disability, including dyslexia, and 
is, as a result, unable to read printed works to substantially the same degree 
as a person without an impairment or disability; or 

a  person  who  is  otherwise  unable,  due  to  a  physical  disability,  to  hold  or 
manipulate a book or to focus or move their eyes to the extent that would 
be normally acceptable for reading. 

(3) 

(4) 

‘accessible  format  copy’  means  a  copy  of  a  work  or  other  subject-matter  in  an 
alternative manner or form that gives a beneficiary person access to the work or other 
subject-matter,  including  allowing  for  the  person  to  have  access  as  feasibly  and 
comfortably  as  a  person  without  a  visual  impairment  or  any  of  the  disabilities 
referred to in paragraph 2;  

‘authorised entity’ means an organisation providing education, instructional training, 
adaptive reading or information access to beneficiary persons on a non-profit basis, 
as its main activity or as one of its main activities or public-interest missions. 

1. 

Member States shall provide that any act necessary for:  

Article 3  
Permitted uses 

(a) 

(b) 

a beneficiary person, or a person acting on their behalf, to make an accessible 
format  copy  of  a  work  or  other  subject-matter  for  the  exclusive  use  of  the 
beneficiary person; and 

an  authorised  entity  to  make  an  accessible  format  copy  and  to  communicate, 
make  available,  distribute  or  lend  an  accessible  format  copy  to  a  beneficiary 
person  or  authorised  entity  for  the  purpose  of  exclusive  use  by  a  beneficiary 
person; 

does not require the authorisation of the rightholder of any copyright or related right 
in the work or protected subject-matter pursuant to Articles 2, 3 and 4 of Directive 
2001/29/EC, Article 1(1) of Directive 2006/115/EC, Article 8(2) and (3) and Article 
9 of Directive 2006/115/EC, Article 4 of Directive 2009/24/EC and Articles 5 and 7 
of Directive 96/9/EC. 

Member States shall ensure that the accessible format copy respects the integrity of 
the work or other subject-matter, having due consideration for the changes required 
to make the work accessible in the alternative format. 

Article  5(5)  and  the  first,  third  and  fifth  subparagraphs  of  Article  6(4)  of  Directive 
2001/29/EC shall apply to the exception provided for in paragraph 1 of this Article.  

13 

   EN 

2. 

3. 

EN 

 
Article 4 
 Accessible format copies in the internal market 

Member States  shall ensure that an authorised entity established in their territory may carry 
out  the  acts  referred  to  in  Article  3(1)(b)  for  a  beneficiary  person  or  an  authorised  entity 
established in any Member State. Member States shall also ensure that a beneficiary person or 
authorised  entity  established  in  their  territory  may  obtain  or  have  access  to  an  accessible 
format copy from an authorised entity established in any Member State. 

Article 5 
Protection of personal data 

The  processing  of  personal  data  carried  out  within  the  framework  of  this  Directive  shall  be 
carried out in compliance with Directive 95/46/EC.  

Article 6 
Amendment to Directive 2001/29/EC 

In Article 5(3) of Directive 2001/29/EC, point (b) is replaced by the following: 

ʻ(b) uses, for the benefit of people with a disability, which are directly related to the disability 
and are of a non-commercial nature, to the extent required by the specific disability, without 
prejudice to the obligations of Member States under Directive […];ʼ 

Article 7 
Report 

By  [two  years  after  the  date  of  transposition],  the  Commission  shall  present  a  report  to  the 
European Parliament, the Council and the European Economic and Social Committee on the 
availability, in accessible formats, of works and other subject-matter other than those defined 
in Article 2(1) for beneficiary persons, and of works and other subject-matter for persons with 
disabilities other than those referred to in Article 2(2), in the internal market. The report shall 
contain  an  assessment  on  whether  an  amendment  of  the  scope  of  this  Directive  should  be 
considered. 

Article 8 
Review 

No sooner than [five years after the date of transposition], the Commission shall carry out an 
evaluation  of  this  Directive  and  present  the  main  findings  to  the  European  Parliament,  the 
Council and the European Economic and Social Committee, accompanied, where appropriate, 
by proposals for the amendment of this Directive. 

Member  States  shall  provide  the  Commission  with  the  necessary  information  for  the 
preparation of the evaluation report and the preparation of the report referred to in Article 7. 

Article 9 
Transposition 

1. 

Member  States  shall  bring  into  force  the  laws,  regulations  and  administrative 
provisions  necessary  to  comply  with  this  Directive  by  [12  month  after  entry  into 
force] at the latest. They shall forthwith communicate to the Commission the text of 
those provisions. 

EN 

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When  Member  States  adopt  those  provisions,  they  shall  contain  a  reference  to  this 
Directive  or  be  accompanied  by  such  a  reference  on  the  occasion  of  their  official 
publication. Member States shall determine how such reference is to be made. 

2. 

Member States shall communicate to the Commission the text of the main provisions 
of national law which they adopt in the field covered by this Directive. 

Article 10 
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. 

Article 11 
Addressees 

This Directive is addressed to the Member States. 

Done at Brussels, 

For the European Parliament 
The President 

For the Council 
The President 

EN 

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