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Amendments to proposed regulation to fulfil obligations under Marrakesh Treaty by EU

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 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 right-holders.

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 European 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 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.

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, 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 provided that the import or access does not conflict with a normal exploitation of the work or other subject-matter and does not unreasonably prejudice the legitimate interests of the author.

The accessible format copy shall be used exclusively by beneficiary persons and shall respect the integrity of the original work or other subject-matter, taking due consideration of the changes needed to make the work or other subject-matter accessible in the alternative format and of the accessibility needs of the beneficiary persons.

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