Source: EURLEX
Language: en
Format: md

**EUROPEAN UNION**

**THE EUROPEAN PARLIAMENT** **THE COUNCIL**

**Brussels, 6 July 2017**
**(OR. en)**

**2016/0279 (COD)** **PE-CONS 24/17**

**PI 67**

**CODEC 856**

**LEGISLATIVE ACTS AND OTHER INSTRUMENTS**

Subject: 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 subjectmatter protected by copyright and related rights for the benefit of persons
who are blind, visually impaired or otherwise print-disabled

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**REGULATION (EU) 2017/...**

**OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL**

**of**

**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 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 Committee **[1]**,

Acting in accordance with the ordinary legislative procedure **[2]**,

**1** Opinion of 5 July 2017 (not yet published in the Official Journal).
**2** Position of the European Parliament of 6 July 2017 (not yet published in the Official
Journal) and decision of the Council of .…..

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Whereas:

(1) The Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind,

Visually Impaired, or Otherwise Print Disabled (the ʻMarrakesh Treatyʼ) was signed on

behalf of the Union on 30 April 2014 **[1]** . It requires contracting parties to provide exceptions

or limitations to copyright and related rights for the making and dissemination of copies, in

accessible formats, of certain works and other protected subject-matter, and for the

cross-border exchange of those copies.

(2) The beneficiaries of the Marrakesh Treaty are persons who are blind, persons who have a

visual impairment which cannot be improved so as to give them visual function

substantially equivalent to that of a person who has no such impairment, persons who have

a perceptual or reading disability, including dyslexia or any other learning disability

preventing them from reading printed works to substantially the same degree as persons

without such disability, and persons who are unable, due to a physical disability, to hold or

manipulate a book or to focus or move the eyes to the extent that would be normally

acceptable for reading, insofar as, as a result of such impairments or disabilities, those

persons are unable to read printed works to substantially the same degree as persons

without such impairments or disabilities.

**1** 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) Persons who are blind, visually impaired or otherwise print-disabled continue to face many

barriers to accessing books and other printed material which are protected by copyright and

related rights. The need to increase the number of works and other protected subject-matter

in accessible formats available to such persons, and to significantly improve the circulation

and dissemination of such works and other protected subject-matter has been recognised at

international level.

(4) According to Opinion 3/15 **[1]** of the Court of Justice of the European Union, the exceptions

or limitations to copyright and related rights for the making and dissemination of copies in

accessible formats of certain works and other subject-matter provided for by the Marrakesh

Treaty have to be implemented within the field harmonised by Directive 2001/29/EC of the

European Parliament and of the Council **[2]** . The same is true of the import and export

arrangements prescribed by that treaty, inasmuch as they are ultimately intended to permit

the communication to the public or the distribution, in the territory of a party, of accessible

format copies published in the territory of another party, without the consent of the

rightholders being obtained.

**1** Opinion of the Court of Justice of 14 February 2017, 3/15, ECLI:EU:C:2017:114, paragraph
112.
**2** 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).

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(5) Directive (EU) 2017/… of the European Parliament and of the Council **[1]** [+] aims to

implement the obligations that the Union has to meet under the Marrakesh Treaty in a

harmonised manner in order to improve the availability of accessible format copies for

beneficiary persons in all of the Member States of the Union and the circulation of such

copies within the internal market, and requires Member States to introduce a mandatory

exception to certain rights that are harmonised by Union law. This Regulation aims to

implement the obligations under the Marrakesh Treaty with respect to the export and

import arrangements for accessible format copies for non-commercial purposes for the

benefit of beneficiary persons between the Union and third countries that are parties to the

Marrakesh Treaty, and to lay down the conditions for such export and import in a uniform

manner within the field harmonised by Directives 2001/29/EC and (EU) 2017/… **[+]** in order

to ensure that those measures are applied consistently throughout the internal market and

do not jeopardize the harmonisation of exclusive rights and exceptions contained within

those Directives.

**1** Directive (EU) 2017/… of the European Parliament and of the Council of … on certain
permitted uses 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
and amending Directive 2001/29/EC on the harmonisation of certain aspects of copyright
and related rights in the information society (OJ L …)

+ OJ: please insert reference to Directive contained in document 2016/0278 (COD).

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(6) This Regulation should ensure that accessible format copies of books, including e-books,

journals, newspapers, magazines and other writings, notation including sheet music, and

other printed material, including in audio form, whether digital or analogue, which have

been made in any Member State in accordance with the national provisions adopted

pursuant to Directive (EU) 2017/… [+] can be distributed, communicated, or made available,

to a beneficiary person or authorised entity, as referred to in the Marrakesh Treaty, in third

countries that are parties to the Marrakesh Treaty. Accessible formats include, for example,

Braille, large print, adapted e-books, audio books and radio broadcasts. Taking into

account the "non-commercial objective of the Marrakesh Treaty" **[1]**, the distribution,

communication to the public or making available to the public of accessible format copies

to persons who are blind, visually impaired or otherwise print-disabled or to authorised

entities in the third country should only be carried out on a non-profit basis by authorised

entities established in a Member State.

(7) 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 a

Member State, for non-commercial purposes for the benefit of persons who are blind,

visually impaired or otherwise print-disabled. It should be possible for those accessible

format copies to circulate in the internal market under the same conditions as accessible

format copies made in the Union in accordance with Directive (EU) 2017/… **[+]** .

+ OJ: please insert reference to Directive contained in document 2016/0278 (COD).
**1** Opinion of the Court of Justice of 14 February 2017, 3/15, ECLI:EU:C:2017:114, paragraph
90.

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(8) In order to improve the availability of accessible format copies and to prevent the

unauthorised dissemination of works or other subject-matter, authorised entities which

engage in the distribution, communication to the public or making available to the public

of accessible format copies should comply with certain obligations. Initiatives by Member

States to promote the objectives of the Marrakesh Treaty and the exchange of accessible

format copies with third countries that are parties to that treaty, and to support authorised

entities to exchange and make information available, should be encouraged. Such

initiatives could include the development of guidelines or best practices on the making and

dissemination of accessible format copies in consultation with representatives of authorised

entities, beneficiary persons and rightholders.

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(9) It is essential that any processing of personal data under this Regulation 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 (the ʻCharter'), and it is imperative that any such processing also be in

compliance with Directives 95/46/EC **[1]** and 2002/58/EC **[2]** of the European Parliament and

the Council, which govern 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.

**1** 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). That Directive will be repealed and
replaced, with effect from 25 May 2018, by Regulation (EU) 2016/679 of the European
Parliament and of the Council of 27 April 2016 on the protection of natural persons with
regard to the processing of personal data and on the free movement of such data, and
repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016,
p. 1).
**2** Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002
concerning the processing of personal data and the protection of privacy in the electronic
communications sector (Directive on privacy and electronic communications) (OJ L 201,
31.7.2002, p. 37).

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(10) The United Nations Convention on the Rights of Persons with Disabilities (the

ʻUNCRPDʼ), to which the Union is a party, guarantees persons with disabilities the right of

access to information and education 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.

(11) Under the Charter, all forms of discrimination, including on grounds of disability, are

prohibited and 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 is recognised and respected by the Union.

(12) Since the objective of this Regulation, namely to implement in a uniform manner the

obligations under the Marrakesh Treaty with respect to the export and import between the

Union and third countries that are parties to the Marrakesh Treaty of accessible format

copies of certain works and other subject-matter for non-commercial purposes for the

benefit of beneficiary persons, and to lay down the conditions for such export and import,

cannot be sufficiently achieved by the Member States, but can rather, by reason of its scale

and effects, be better achieved at Union level, the Union may 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 that

Article, this Regulation does not go beyond what is necessary in order to achieve that

objective.

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(13) This Regulation respects the fundamental rights and observes the principles recognised in

particular by the Charter and the UNCRPD. This Regulation should be interpreted and

applied in accordance with those rights and principles,

HAVE ADOPTED THIS REGULATION:

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_Article 1_

_Subject matter and scope_

This Regulation lays down uniform 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 rightholder, for the benefit of persons who are

blind, visually impaired or otherwise print-disabled, within the field harmonised by Directives

2001/29/EC and (EU) 2017/… [+], in order to prevent jeopardizing the harmonisation of exclusive

rights and exceptions in the internal market.

_Article 2_

_Definitions_

For the purposes of this Regulation the following definitions apply:

(1) 'work or other subject-matter' means a work in the form of a book, journal, newspaper,

magazine or other kind of writing, notation including sheet music, and related illustrations,

in any media, including in audio form such as audiobooks and in digital format, which is

protected by copyright or related rights and which is published or otherwise lawfully made

publicly available;

+ OJ: please insert reference to Directive contained in document 2016/0278 (COD).

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(2) 'beneficiary person' means, regardless of any other disabilities, a person who:

(a) is blind;

(b) 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, and

who is, as a result, unable to read printed works to substantially the same degree as a

person without such an impairment;

(c) has a perceptual or reading disability and is, as a result, unable to read printed works

to substantially the same degree as a person without such disability; or

(d) 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) '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 such person to have access as feasibly and comfortably as a person

without any of the impairments or disabilities referred to in point 2;

(4) 'authorised entity established in a Member State' means an entity that is authorised or

recognised by a Member State to provide education, instructional training, adaptive

reading or information access to beneficiary persons on a non-profit basis. It also includes

a public institution or non-profit organisation that provides the same services to beneficiary

persons as one of its primary activities, institutional obligations or as part of its public

interest missions.

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_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 of a work or other subject-matter made in accordance

with the national legislation adopted pursuant to Directive (EU) 2017/… [+] .

_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 (EU) 2017/… [+], an accessible format copy of a work or other subject-matter 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.

+ OJ: please insert reference to Directive contained in document 2016/0278 (COD).

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_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 establish and follow its own practices to ensure that it:

(a) distributes, communicates and makes available accessible format copies only to

beneficiary persons or other authorised entities;

(b) takes appropriate steps to discourage the unauthorised reproduction, distribution,

communication to the public and making available to the public of accessible format

copies;

(c) demonstrates due care in, and maintains records of, its handling of works or other

subject-matter and of accessible format copies thereof; and

(d) publishes and updates, on its website if appropriate, or through other online or offline

channels, information on how it complies with the obligations laid down in points (a)

to (c);

An authorised entity established in a Member State shall establish and follow the practices

referred to in the first subparagraph in full respect of the rules applicable to the processing

of personal data of beneficiary persons referred to in Article 6.

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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 in an accessible way, on request,

to beneficiary persons, other authorised entities or rightholders:

(a) the list of works or other subject-matter for which it has accessible format copies and

the available formats; and

(b) the name and contact 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 Directives 95/46/EC and 2002/58/EC.

_Article 7_

_Review_

By …[six years after the date of entry into force of the Directive contained in document

2016/0278(COD)], the Commission shall carry out an evaluation of this Regulation and present the

main findings in a report to the European Parliament, the Council and the European Economic and

Social Committee, accompanied, where appropriate, by proposals for amending 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 and application_

This Regulation shall enter into force on the twentieth day following that of its publication in the

_Official Journal of the European Union_ .

It shall apply from... [twelve months after the date of entry into force of the Directive contained in

document 2016/0278(COD)].

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

Done at,

_For the European Parliament_ _For the Council_

_The President_ _The President_

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