Source: EURLEX
Language: en
Format: md

31. 1. 91 Official Journal of the European Communities No C 24/5

Proposal for a Council Decision concerning the accession of the Member States to the Berne
Convention for the Protection of Literary and Artistic Works, as revised by the Paris Act of
24 July 1971, and the International Convention for the Protection of Performers, Producers

of Phonograms and Broadcasting Organizations (Rome Convention) of 26 October 1961

_COM(90) 582 final_ — _SYN 318_

_(Submitted by the Commission on 11 December 1990)_

(91/C 24/04)

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Economic Community, and in particular Articles 57 (2),
66, 100a and 113 thereof,

Having regard to the proposal from the Commission,

In cooperation with the European Parliament,

Having regard to the opinion of the Economic and
Social Committee,

Whereas the Berne Convention (Paris Act) and the International Rome Convention guarantee a minimum level
of protection for authors and for performers, producers
of phonograms and broadcasting organizations
respectively; whereas, owing to their content, these
conventions enjoy broad international support;

Whereas 10 Member States are already parties to the
Berne Convention, as revised by the Paris Act, the other
two being bound still by the Brussels Act of 26 June
1948; whereas only a majority of Member States have
acceded to the International Rome Convention

concerning 'neighbouring rights';

Whereas the differences between national laws as regards
the minimum level of protection of copyright guaranteed
by the Paris Act and the conferment of rights on
performers, producers of phonograms and broadcasting
organizations create obstacles to the free movement of
goods and services and distortions of competition
prejudicial to the economic and cultural interests of
creators, authors, artists and the enterprises concerned;
whereas this state of affairs is incompatible with the
establishment and functioning of the internal market as
an area without internal frontiers in which the free

movement of goods, persons, services and capital is
ensured, as provided for in Article 8a of the Treaty;

Whereas the accession of all the Member States to the

Berne Convention (Paris Act) and the International
Rome Convention is capable of making a significant
contribution to the campaign against the pirating of
audio-visual works, as is clear from the resolution of the

representatives of the Governments of the Member States
of 24 July 1984 on measures to combat audio-visual
piracy 0 ;

Whereas the accession of all the Member States to the

Berne Convention (Paris Act) and the International
Rome Convention will provide a common basis for
harmonization on which to pursue more easily the
construction of the Community edifice as regards
copyright and neighbouring rights;

Whereas owing to the internationalization of the
problems connected with copyright and neighbouring
rights, it is necessary to seek to provide better protection
of those rights at the international level; whereas the
accession of all the Member States to the Berne

Convention (Paris Act) and the International Rome
Convention is likely to encourage other States to accede
thereto; whereas this Decision fits fully into the wider
pattern of measures taken by other international organizations, in particular WIPO, GATT and the Council of
Europe;

Whereas the subject matter of the Berne Convention
(Paris Act) and the International Rome Convention falls
within the competence of the Community; whereas at
present the accession of the Community as such to these
instruments is not possible without a prior modification
allowing the accession of international organizations as
such; whereas in view of developments at Community
level, the Community as such could be in a position to
adhere to the Berne Convention (Paris Act) and the
International Rome Convention; whereas the present
Decision is without prejudice to any such accession for
which, in due time, appropriate proposals will be
submitted to the Council; whereas in the meantime it is
appropriate that the Council decide that Member States
adhere to the said conventions;

Whereas a date must be set by which all the Member
States should be parties to the Berne Convention (Paris
Act) and the International Rome Convention; whereas
since legislation will be needed in some Member States,
that date should be 31 December 1992, the deadline for
completion of the internal market,

HAS ADOPTED THIS DECISION:

_Article 1_

The Member States shall, by 31 December 1992,
ratify or accede to and comply with the Berne

(') OJ No C 204, 3. 8. 1984, p. 1.

No C 24/6 Official Journal of the European Communities 31. 1.91

Convention for the Protection of Literary and Artistic
Works, as revised by the Paris Act of 24 July 1971,
and the International Convention for the Protection of

Performers, Producers of Phonograms and
Broadcasting Organizations (Rome Convention) of

26 October 1961.

_Article 2_

This Decision is addressed to the Member States.

Proposal for a Council Decision amending Decision 89/657/EEC establishing an action
programme to promote innovation in the field of vocational training resulting from technological change in the Community (Eurotecnet) and Decision 90/267/EEC establishing an action
programme for the development of continuing vocational training in the European Community
(Force) in order to establish the Advisory Committee for continuing education and training

embracing Force and Eurotecnet

_COM(90) 648 final_

_(Submitted by the Commission on 21 December 1990)_

(91/C 24/05)

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Economic Community, and in particular Article 128
thereof,

Having regard to the proposal of the Commission,

Having regard to the opinion of the European
Parliament,

Having regard to the opinion of the Economic and
Social Committee,

Whereas Article 10 of Decision 89/657/EEC (») established an advisory committee to assist the Commission in
the implementation of that Decision;

Whereas Article 10 of Decision 90/267/EEC ( [2] ) established an advisory committee to assist the Commission in
the implementation of that Decision;

Whereas in its memorandum on the rationalization and

coordination of vocational training programmes at
Community level, the Commission announced its
intention to regroup related activities within the
framework of the Force Advisory Committee, and

_C)_ OJ No L 393, 30. 12. 1989, p. 29.
O OJ No L 156, 21. 6. 1990, p. 1.

to adapt and enlarge the terms of reference of the
aforesaid committee;

Whereas the establishment of the Advisory Committee
for continuing education and training will render
unnecessary the continued existence of the separate
committees assisting the Commission in implementing
the Eurotecnet and Force programmes; whereas the
Decisions establishing these programmes should be
amended accordingly,

HAS DECIDED AS FOLLOWS:

_Article 1_

1. In the implementation of the Force and Eurotecnet
programmes the Commission shall be assisted by a
committee of an advisory nature composed of two representatives from each Member State and chaired by the
representative of the Commission.

The members of the committee may be assisted by
experts or advisors.

Twelve representatives of both sides of industry,
appointed by the Commission on the basis of proposals
from the organizations representing both sides of
industry at Community level, shall participate in the
work of the committee as observers.

2. The representative of the Commission shall submit to
the committee a draft of the measures concerning:

(a) the general guidelines governing the Force and
Eurotecnet programmes;