(2004/C 33 E/274)

WRITTEN QUESTION E-2465/03

by Giuseppe Gargani (PPE-DE), Fiorella Ghilardotti (PSE) and Enrico Ferri (PPE-DE) to the Commission

(23 July 2003)

Subject:   Application by the Member States of Directive 2001/29 on copyright

What steps is the Commission taking to monitor and ascertain the correct transposition by the EU Member States of Directive 2001/29/EC (1) 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?

Answer given by Mr Bolkestein on behalf of the Commission

(4 September 2003)

Since the adoption of Directive 2001/29/EC on the harmonisation of certain aspects of copyright and related rights in the information society (2) on 22 May 2001 and even prior to its entry into force upon publication on 22 June 2001, the Commission began a work program to assist Member States in timely and correct transposition. A series of four informal meetings with Member States was held at intervals beginning in May 2001, December 2001, June 2002 and finally in October 2002. In addition, the Commission undertook bilateral visits to the capitals to discuss transposition of the Directive with the competent authorities. The transposition of the Directive was also discussed at the first meeting of the Copyright Contact Committee on 10 March 2003, which was established by Article 12 of Directive 2001/29/EC and is composed of representatives of the competent authorities of Member States under the chairmanship of the Commission. Furthermore, the Commission wrote to all Member States reminding them of the great importance of a speedy transposition of the Directive because of its relevance to the Community's international obligations (the Directive is the means by which the Community and its Member States will implement the WIPO Copyright Treaty and the WIPO Performances and Phonogram Treaties, which were adopted on 20 December 1996 under the auspices of the World Intellectual Property Organisation — WIPO).

Directive 2001/29/EC was due to be transposed in Member States' laws by 22 December 2002. Denmark and Greece have met this deadline. Italy and Austria transposed the Directive in April and June 2003 respectively. The Commission has received official notification of the national instruments of transposition from those four Member States. Germany has adopted its transposition law in July 2003. It is expected that the other Member States will have transposed in the course of 2003. The Commission, fulfilling its role as guardian of the Treaties, is pursuing infringement proceedings against those Member States that have not yet notified transposition of the Directive.

(1)  OJ L 167, 22.6.2001, p. 10.

(2)  OJ L 167, 22.6.2001.