10 Amendments of Daniel BUDA related to 2016/0279(COD)
Amendment 8 #
Proposal for a regulation
Recital 1
Recital 1
(1) Persons who are blind, visually impaired or otherwise print disabled continue to face many barriers to accessing books and other print material, in view of the fact that only between 7% 1a and 20% 1b of books are available to print-disabled persons. 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. _________________ 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.). 1aLISU for the Royal National Institute of Blind People (RNIB), ʻAvailability of accessible publications - 2011 updateʼ, October 2011. 1b Catherine Meyer-Lereculeur ʻException ʻhandicapʼ au droit d’auteur et développement de l’offre de publications accessibles à l’ère numériqueʼ, May 2013.
Amendment 11 #
Proposal for a regulation
Recital 2
Recital 2
(2) 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 and related rights 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 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.
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 personsthe 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 the Union.
Amendment 16 #
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 Union and authorised entities established in the Union, for the benefit of print-disabled personsthe blind, visually impaired or otherwise print disabled. 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 [...].
Amendment 20 #
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 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 ,and with Regulation (EV) 2016/679 of the European Parliament and the Council 1a 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). 1aRegulation (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).
Amendment 24 #
Proposal for a regulation
Recital 8
Recital 8
(8) This Regulation respects the fundamental rights and observes the principles recognised in the Charter of Fundamental Rights of the European Union, and in particular Articles 21 and 26, which prohibit discrimination on the grounds of disability and recognise and respect the right of people with disabilities to benefit from measures designed to ensure their independence, social and occupational integration and participation in the life of the community. This Regulation should be interpreted and applied in accordance with those rights and principles.
Amendment 27 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(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, online or offline, 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;
Amendment 35 #
Proposal for a regulation
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
(d) it publishes and updates, on its website if appropriate, or through other online or offline channels, information on the manner in which it complies with the obligations laid down in points (a) to (c).
Amendment 41 #
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 Directive 95/46/EC and with Regulation (EU) 2016/679.
Amendment 43 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1