14 Amendments of Dominique BILDE related to 2016/0279(COD)
Amendment 11 #
Proposal for a regulation
Recital 2
Recital 2
(2) Directive […] endeavours to implement the Unobligation's obligatf the Member States and of the Unions under the Marrakesh Treaty in a harmonised manner in order to improve the availability of accessible format copies for beneficiary persons and their circulation withinthroughout the internal marketritories of the Member States. The Ddirective requires Member States and the Union 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 UnionMember States and third countries that are parties to the Marrakesh Treaty, and to lay down the conditions for such export and import. Such measures may onlycan 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 Rregulation is the onlyrefore an appropriate instrument.
Amendment 12 #
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) In taking the steps necessary to facilitate cross-border trade in works and protected subject-matter in accessible format with third countries that are parties to the Marrakesh Treaty, the Member States must comply with the rights and obligations laid down in the Berne Convention for the Protection of Literary and Artistic Works and the WIPO Copyright Treaty, as they are required to under Article 11 of the Marrakesh Treaty;
Amendment 13 #
Proposal for a regulation
Recital 3
Recital 3
(3) 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 Unionterritories of the Member States.
Amendment 14 #
Proposal for a regulation
Recital 4
Recital 4
(4) 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 UnionMember States and authorised entities established in the Unionerritories of the Member States, for the benefit of print-disabled persons. It should be possible for those accessible format copies to be circulated in the internal marketamong the Member States under the same conditions as accessible format copies made in the UnionMember States in accordance with Directive [...].
Amendment 18 #
Proposal for a regulation
Recital 6
Recital 6
(6) 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 underas enshrined in the UN International Covenant on Civil and Political Rights, in the UN resolution of 14 December 1990 on guidelines for the regulation of computerized personal data files, and in the common constitutional traditions of the Member States, as well as, secondarily, in 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. _________________ 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).
Amendment 19 #
Proposal for a regulation
Recital 7
Recital 7
(7) The United Nations Convention on the Rights of Persons with Disabilities (ʻthe UNCRPDʼ), to which a number of Member States are signatories and 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.
Amendment 20 #
Proposal for a regulation
Recital 8
Recital 8
(8) This Regulation respects the fundamental rights and observes the principles recognised in international law, in the common constitutional traditions of the Member States, and, secondarily, in the Charter of Fundamental Rights of the European Union. This Regulation should be interpreted and applied in accordance with those rights and principles.
Amendment 23 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – introductory part
Article 2 – paragraph 1 – point 2 – introductory part
(2) ‘beneficiary person’ means someone who, regardless of any other disability, has one of the following characteristics, i.e.:
Amendment 26 #
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
(3) ‘accessible format copy’ means a copy of a work or other subject-matter, presented on a non-profit basis 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;
Amendment 27 #
Proposal for a regulation
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
(4) ‘authorised entity’ means an organisation that is authorised and recognised by the national authorities and that providinges 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.interest missions; it also denotes a government institution or non-profit organisation that provides the same services to beneficiary persons as one of its main activities or institutional obligations;
Amendment 31 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
An authorised entity established in a Member State may, without engaging in any commercial activity, 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 [...], where, before the copy is distributed and made available, the authorised entity responsible for that distribution is unaware that the accessible format copy could be used for a purpose other than that for which it was originally and primarily intended, for persons other than the beneficiaries.
Amendment 32 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
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 [...], with due regard for the legitimate interests of the author, 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.
Amendment 37 #
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) it demonstrates due care in, and maintains records of, its handling of works and other subject-matter and of their accessible format copies, and does so with due respect for private and family life and the right to protection of personal data as enshrined in the UN International Covenant on Civil and Political Rights, and in the UN resolution of 14 December 1990 on guidelines for the regulation of computerized personal data files; and
Amendment 39 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
The processing of personal data carried out within the framework of this Regulation shall be carried out in compliance with international law, specifically the UN resolution of 14 December 1990 on guidelines for the regulation of computerized personal data files, and with Directive 95/46/EC.