Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the cross-border exchange between the Union and third countries of accessible format copies of certain 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
Date: 2016-09-14
Institutions: Directorate-General for Communications Networks, Content and Technology, European Commission
Subjects: EU Member State, book trade, copyright, cross-frontier data flow, cultural object, disabled person, literary and artistic property, press, third country

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   EUROPEAN COMMISSION  Brussels, 14.9.2016  COM(2016) 595 final 2016/0279 (COD)   Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the cross-border exchange between the Union and third countries of accessible format copies of certain 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   
 
 
EXPLANATORY MEMORANDUM 

1. 

• 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

The proposed Regulation will allow the Union to fulfil an international obligation under the 
Marrakesh  Treaty  to  Facilitate  Access  to  Published  Works  for  Persons  who  Are  Blind, 
Visually  Impaired,  or  Otherwise  Print  Disabled  (ʻthe  Marrakesh  Treatyʼ).  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 among the 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  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 Marrakesh Treaty obliges the contracting parties, on the one hand, to bring their internal 
legal provisions into line with the Treaty and, on the other hand, to allow for the cross-border 
exchange of accessible format copies made under national exceptions or limitations with third 
countries that are parties to the Treaty. In order to implement the Marrakesh Treaty within the 
Union, Directive […] requires Member States to introduce a mandatory exception to certain 
rights of right holders harmonised by Union law for the benefit of beneficiary persons and to 
ensure cross-border access to special format copies within the internal market. The purpose of 
the proposed Regulation is to implement the Union’s obligations under the Marrakesh Treaty 
in respect of the exchange of accessible format copies between the Union and third countries 
that are parties to the Marrakesh Treaty, for the benefit of beneficiary persons. 

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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This proposed Regulation therefore ensures that accessible format copies that have been made 
in any Member State in accordance with the national provisions adopted pursuant to Directive 
[…] may be exported to third countries that are parties to the Marrakesh Treaty. In addition, 
the  Regulation  allows  the  import  of  accessible  format  copies  made  in  accordance  with  the 
Marrakesh Treaty in third countries that are parties to the Treaty, for the benefit of beneficiary 
persons  in  the  Union.  Both  beneficiary  persons  and  authorised  entities  established  in  the 
Union should be able to obtain such copies and those copies should be able to circulate in the 
internal market under the same conditions as accessible format copies made in the Union in 
accordance with the national provisions adopted pursuant to Directive [...]. 

The proposed Regulation 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  proposed  Regulation  relates  to  the  exchange  of  accessible  format  copies  of  certain 
copyright  protected  content  with  third  countries  that  are  parties  to  the  Marrakesh  Treaty. 
Together with Directive […], it therefore serves to implement the Marrakesh Treaty in Union 
law. The proposed Regulation will be the first piece of EU legislation to introduce provisions 
specifically on the international exchange of accessible format copies for beneficiary persons. 

• 

Consistency with other Union policies 

The proposed Regulation, together with Directive […], fulfils  the Union's commitments and 
obligations  relating  to  the  integration  of  persons  with  disabilities  as  set  out  above.  It  is 
consistent with other EU legislation and policy in this area. 

2. 

• 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

The  legal  basis  for  the  proposal  is  Article  207  of  the  Treaty  on  the  Functioning  of  the 
European Union (TFEU). 

5 

6 

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). 
at: 
CRPD/C/EU/CO/1, 
http://tbinternet.ohchr.org/Treaties/CRPD/Shared%20Documents/EUR/CRPD_C_EU_CO_1_21617_E.
doc. 

available 

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• 

Proportionality 

The Union is obliged to comply with its international obligations under the Marrakesh Treaty. 
This Regulation serves to implement the provisions contained in the Treaty on the exchange 
of accessible format works with third countries that are parties to the Treaty. Such measures 
can  only  be  taken  at  Union  level  as  the  exchange  of  accessible  format  copies  of  works  and 
other  protected  subject-matter  concerns  the  commercial  aspects  of  intellectual  property.  A 
Regulation  is  therefore  the  only  appropriate  instrument.  In  accordance  with  the  principle  of 
proportionality, as set out in Article 5 of the Treaty on European Union, this Regulation does 
not go beyond what is necessary in order to achieve this objective. 

• 

Choice of the instrument 

The proposed instrument is a Regulation, in accordance with Article 207 of the TFEU. 

3. 

• 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

Ex-post evaluations/fitness checks of existing legislation 

The  purpose  of  the  proposed  Regulation 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 
Regulation,  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  Treaty7.  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.  Those  institutional  respondents  were  consistently  of  the  opinion  that  the 
Marrakesh  Treaty  would  satisfactorily  address  these  concerns.  Right  holders  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 the 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. 

7 

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  

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• 

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/EC8, which assessed inter 
alia  the  application  in  11  Member  States  of  the  EU  optional  exception  or  limitation  for 
persons with a disability in Article 5(3)(b) of that Directive. 

• 

Impact assessment 

The  proposed  Regulation  will  adress  the  implications  of  the  Marrakesh  Treaty  for  the 
exchange of accessible  format  copies with third countries and aims to bring  Union law into 
line  with  the  Treaty  in  that  respect.  The  Better  Regulation  Guidelines9  do  not  require  an 
impact assessment to be carried out when the Commission has no discretion over the policy 
content. 

• 

Fundamental rights 

The  proposed  Regulation  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 (ʻthe Charterʼ). The Regulation 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 with the Union's obligations under the Charter10. 

The proposal would have a limited impact on copyright as property right as recognised in the 
Charter (Article 17(2))11. In this context, it is noteworthy that Directive […] has introduced a 
mandatory copyright exception for the benefit of the beneficiary persons of this proposal. The 
impact of this Regulation will thus be limited to regulating the exchange of accessible format 
copies with third countries that are parties to the Marrakesh Treaty. 

4. 

BUDGETARY IMPLICATIONS 

The proposal has no impact on the Union budget. 

5. 

• 

OTHER ELEMENTS 

Implementation plans and monitoring, evaluation and reporting arrangements 

In accordance with Better Regulation Guidelines and no sooner than five years after the date 
from which the Regulation shall apply, the Commission shall carry out an evaluation of the 
Regulation  and  present  the  main  findings  to  the  European  Parliament,  the  Council  and  the 
European Economic and Social Committee, accompanied, where appropriate, by proposals for 

8 

9 
10 

11 

De 

Wolf 

2013, 

December 

"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. 
SWD(2015) 111 final. 
Article 52(1) of the Charter allows for restrictions interfering with the exercise of the freedoms of the 
Charter: those 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. 

partners, 

and 

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the  amendment  of  the  Regulation.  In  the  same  way,  it  will  also  carry  out  an  evaluation  of 
Directive […]. 

• 

Detailed explanation of the specific provisions of the proposal 

Article 1 specifies the subject-matter and the scope of the proposal. The proposed Regulation 
will  regulate  the  exchange  of  accessible  format  copies  of  certain  works  and  other  subject-
matter  protected  by  copyright  or  related  rights  between  the  Union  and  third  countries,  in 
accordance with the Marrakesh Treaty.  

Article  2  gives  the  definitions  of  the  terms  ‘work  or  other  subject-matter’,  ‘beneficiary 
person’,  ‘accessible  format  copy’  and  ‘authorised  entity’  that  apply  for  the  purposes  of  the 
proposed Regulation. 

Article 3 contains provisions on the export of accessible format copies from the Union to third 
countries. 

Article 4 contains provisions on the import of accessible format copies from third countries to 
the Union.  

Article 5 serves to specify the obligations that authorised entities are required to fulfil when 
exchanging accessible format copies with third countries.  

Article 6 sets out the applicable rules for the protection of personal data.  

Article 7 sets out the arrangements on the evaluation of this Regulation, in accordance with 
Better Regulation rules. 

Article 8 specifies the Regulation's entry into force and Article 9 its application in time. 

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2016/0279 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on the cross-border exchange between the Union and third countries of accessible 
format copies of certain 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  

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 207 thereof, 

Having regard to the proposal from the European Commission, 

After transmission of the draft legislative act to the national parliaments, 

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

Persons who are blind, visually impaired or otherwise print disabled continue to face 
many  barriers  to  accessing  books  and  other  print  material.  The  need  to  increase  the 
number of works and other protected subject-matter in accessible formats available to 
those persons and improve their circulation and dissemination has been recognised at 
an international level. 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 201412. It requires 
contracting  parties  to  provide  exceptions  or  limitations  to  the  exclusive  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 accessible format copies. The beneficiaries of the Marrakesh Treaty 
are persons who are blind, visually impaired or have a perceptual or reading disability, 
including dyslexia, preventing them from reading printed works to the same degree as 
persons without such disability, or are unable to hold or manipulate a book or to focus 
and move the eyes to the extent that would be normally acceptable for reading due to a 
physical disability. 

Directive […] endeavours to implement the Union's obligations under the Marrakesh 
Treaty  in  a  harmonised  manner  in  order  to  improve  the  availability  of  accessible 
format copies for beneficiary persons and their circulation within the internal market. 
The  Directive  requires  Member  States  to  introduce  a  mandatory  exception  to  certain 
rights  of  right  holders  that  are  harmonised  by  Union  law.  The  objectives  of  this 
Regulation are  to  implement  the  obligations in  the  Marrakesh  Treaty  with  respect  to 
the export and import of accessible format copies for the benefit of beneficiary persons 
between the Union and third countries that are parties to the Marrakesh Treaty, and to 

12 

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.) 

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(3) 

(4) 

(5) 

(6) 

(7) 

lay down the conditions for such export and import. Such measures may only be taken 
at Union level as the exchange of accessible format copies of works and other subject-
matter  concerns  the  commercial  aspects  of  intellectual  property.  A  Regulation  is  the 
only appropriate instrument. 

The  Regulation  should  ensure  that  accessible  format  copies  of  books,  journals, 
newspapers, magazines and other writings, sheet music and other print material, which 
have  been  made  in  any  Member  State  in  accordance  with  the  national  provisions 
adopted pursuant to Directive […] may be exported to third countries that are parties 
to  the  Marrakesh  Treaty.  Accessible  formats  include  Braille,  large  print,  adapted  e-
books, audio books and radio broadcasts. The distribution, communication or making 
available of accessible format copies to print disabled persons or to authorised entities 
in  the  third  country  should  only  be  carried  out  on  a  non-profit  basis  by  authorised 
entities established in the Union. 

This  Regulation  should  also  allow  for  the  importation  of  and  access  to  accessible 
format  copies  made  in  accordance  with  the  implementation  of  the  Marrakesh  Treaty 
from  a  third  country,  by  beneficiary  persons  in  the  Union  and  authorised  entities 
established in the Union, for the benefit of print-disabled persons. It should be possible 
for  those  accessible  format  copies  to  be  circulated  in  the  internal  market  under  the 
same  conditions  as  accessible  format  copies  made  in  the  Union  in  accordance  with 
Directive [...]. 

In  order  to  improve  the  availability  of  accessible  format  copies  and  to  prevent  the 
illegal  dissemination  of  works  and  other  subject-matter,  authorised  entities  which 
engage  in  the  distribution  or  making  available  of  accessible  format  copies  should 
comply with certain obligations. 

Any  processing  of  personal  data  under  this  Regulation  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 the Council13, which governs the processing of personal 
data,  as  may  be  carried  out  by  authorised  entities  within  the  framework  of  this 
Regulation and under the supervision of the Member Statesʼ competent authorities, in 
particular the public independent authorities designated by the Member States.  

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. 

(8) 

This Regulation respects the fundamental rights and observes the principles recognised 
in the Charter of Fundamental Rights of the European Union. This Regulation should 
be interpreted and applied in accordance with those rights and principles. 

13 

Directive  95/46/EC  of  the  European  Parliament  and  of  the  Council  of  24  October  1995  on  the 
protection of  individuals with  regard  to  the  processing of  personal  data and on  the free  movement  of 
such data (OJ L 281, 23.11.1995, p. 31). 

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HAVE ADOPTED THIS REGULATION: 

Article 1 
Subject matter and scope 

This Regulation lays down rules on the cross-border exchange of accessible format copies of 
certain works and other subject-matter between the Union and third countries that are parties 
to  the  Marrakesh  Treaty  without  the  authorisation  of  the  right  holder,  for  the  benefit  of 
persons who are blind, visually impaired or otherwise print disabled. 

Article 2 
Definitions 

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

(1) 

‘work  or  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  form  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. 

Article 3 
Export of accessible format copies to third countries 

An  authorised  entity  established  in  a  Member  State  may  distribute,  communicate  or  make 
available to beneficiary persons or to an authorised entity established in a third country that is 
a  party  to  the  Marrakesh  Treaty  an  accessible  format  copy  made  in  accordance  with  the 
national legislation adopted pursuant to Directive [...]. 

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Article 4 
Import of accessible format copies from third countries  

A  beneficiary  person  or  an  authorised  entity  established  in  a  Member  State  may  import  or 
otherwise  obtain  or  access  and  thereafter  use,  in  accordance  with  the  national  legislation 
adopted  pursuant  to  Directive  [...],  an  accessible  format  copy  that  has  been  distributed 
communicated  or  made  available  to  beneficiary  persons  or  to  authorised  entities,  by  an 
authorised entity in a third country that is a party to the Marrakesh Treaty. 

Article 5 
Obligations of authorised entities 

1. 

An authorised entity established in a Member State carrying out the acts referred to 
in Articles 3 and 4 shall ensure that: 

(a) 

(b) 

(c) 

(d) 

it distributes, communicates and makes available accessible format copies only 
to beneficiary persons or other authorised entities; 

it takes appropriate steps to discourage the unlawful reproduction, distribution, 
communication and making available of accessible format copies; 

it demonstrates due care in, and maintains records of, its handling of works and 
other subject-matter and of their accessible format copies; and 

it  publishes  and  updates,  on  its  website  if  appropriate,  information  on  the 
manner in which it complies with the obligations laid down in points (a) to (c). 

2. 

An authorised entity established in a Member State carrying out the acts referred to 
in  Articles  3  and  4  shall  provide  the  following  information,  on  request,  to  any 
beneficiary person or right holder: 

(a) 

(b) 

the  list  of  works  and  other  subject-matter  of  which  it  has  accessible  format 
copies and the available formats; and 

the name and details of the authorised entities with which it has engaged in the 
exchange of accessible format copies pursuant to Articles 3 and 4. 

Article 6 
Protection of personal data 

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

Article 7 
Review 

No sooner than [five years after the date of application], the Commission shall carry out an 
evaluation of this Regulation 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 Regulation. 

Member  States  shall  provide  the  Commission  with  the  necessary  information  for  the 
preparation of the evaluation report. 

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Article 8 
Entry into force 

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

Article 9 
Application in time 

This Regulation shall be applicable as of [date of transposition of Directive […]]. 

This Regulation shall be binding in its entirety and directly applicable in all Member States. 

Done at Brussels, 

For the European Parliament 
The President 

For the Council 
The President 

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