Proposed amendments to Marrakesh Regulation

This Regulation should ensure that, in accordance with Article 9 of the Marrakesh Treaty, the contracting parties provide financial and human resources to facilitate international cooperation between authorised entities, the adequate availability of accessible format copies and the cross-border exchange of such copies.

In order to foster the export of accessible format copies and born accessible publications, namely publications produced by rightholders in accessible format, a single online database should be established in the Union. The database should be publicly accessible from third countries that are parties to the Marrakech Treaty. To facilitate the import of the same publications, it is important that that database be interoperable with the ABC TIGAR (Trusted Intermediary Global Accessible Resources) database hosted by WIPO.

In order to improve the availability of accessible format copies and to prevent the illegal dissemination of works and other subject-matter, Member States should facilitate the agreement of best practice guidelines between representative groups of authorised entities that engage in the production, distribution or making available of accessible format copies, and users and rightholders.

Government guidelines or best practices with regard to the provision of accessible format copies to beneficiary persons under the terms of the Marrakesh treaty should be developed in consultation with representative groups of authorised entities, such as library associations and library consortia, together with other authorised entity producers of accessible format copies, as well as with users, civil society actors and rightholders.

Member States should not impose additional conditions on being able to have recourse to the exception(s) contained in this Regulation, including compensation schemes or prior verification of the commercial availability of accessible format copies.

The Commission should present, within one year, a strategic action plan to promote the objectives of the Marrakesh Treaty with special emphasis on ensuring widespread cross-border exchange with third countries, providing educational and cultural works for visually impaired persons.

Member States shall ensure that complaints and redress mechanisms are put in place and are available to users in case of disputes concerning the application of the measures referred to in Articles 3 and 4. Setting up such a mechanism would be very appropriate in view of insuring effective application of the provisions of the Regulation. This is consistent with Art.10(1) of the Marrakesh Treaty, which requires Contracting Parties to adopt any necessary ‘measures’ to ensure effective application of the Treaty.

Member States shall assist their authorised entities to make information available regarding their practices under Articles 3 and 4, both by sharing information among authorised entities and by making available information on their policies and practices – including those related to the cross-border exchange of accessible format copies – to interested parties and members of the public, as appropriate.

Member States shall foster the exchange of information and best practices amongst authorised entities so as to effectively promote access to adapted works or subject-matter.

Amendments (de) are included in the text whether in a form of a wording, replacing initial text, or in a form of a text included in initial draft.