Source: EURLEX
Language: en
Format: md

[**Avis juridique important**](../../../editorial/legal_notice.htm)

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# 92002E1988

**WRITTEN QUESTION P-1988/02 by Stavros Xarchakos (PPE-DE) to the Commission. GESAC code of conduct.** 
  
*Official Journal 277 E , 14/11/2002 P. 0253 - 0254*

  

WRITTEN QUESTION P-1988/02

by Stavros Xarchakos (PPE-DE) to the Commission

(1 July 2002)

Subject: GESAC code of conduct

In my written question E-0182/02(1), I asked the Commission what view it took of the code of conduct submitted to it, which had been drawn up by the European Grouping of Societies of Authors and Composers (GESAC) regarding the collective management of their rights. I also requested a copy of the code.

In his reply of 18 March 2002, Commissioner Bolkestein indicated that the deliberations held a number of years ago within the GESAC concerning the code had been brought to its attention. However, according to the information available, the deliberations did not lead to agreement and the GESAC did not submit a code of conduct to the Commission. However, I myself have a copy of this very code, which was submitted to the Commission on 26 October 1995 for the attention of the Director-General of DG XV and registered by DG XV under No 015151-3.11.1995.

In view of this, can the Commission give its views regarding the code of conduct submitted by the GESAC?

(1) OJ C 160 E, 4.7.2002, p. 194.

Answer given by Mr Bolkestein on behalf of the Commission

(19 July 2002)

The honourable Member's question concerns a code of conduct prepared by the European Grouping of Societies of Authors and Composers (GESAC). The Commission was not notified about the code, which was drawn up in 1995, but it was sent for information purposes to some directorates-general. According to the information available to the Commission, the code was never put into practice and GESAC informed the Commission in 1996 that no further action would be taken concerning the document but that the deliberations which had given rise to it would in fact continue. In the circumstances, the Commission cannot consider a document which has no real scope or application. At most, the Commission may regard it as a supplementary factor when regularly reviewing collective management in Europe.

Be that as it may, the honourable Member's question concerns a very important aspect of the Internal Market: the collective management of rights and the operation of societies involved in their management. The Commission, and especially DG Internal Market, plays very close attention to changes in the sector and in particular to initiatives by management societies with regard to adapting their methods of operation to market requirements. The Commission is constantly monitoring the sector, particularly because the societies involved in collective management are responsible to a considerable extent for controlling copyright and related rights as currently harmonised by seven directives on intellectual property. The Commission thus maintains an ongoing and thorough dialogue on these matters with management societies and all interested parties.

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