The European Commission Replies

Question on “Non-implementation of the Public Lending Right in Europe to the European Commission by Zuzana Roithová (PPE), Member of the European Parliament
On 22 July MEP Z. Roithová sent the Parliamentary letter for a written answer, highlighting three key questions:
1. What steps and measures will the Commission take in connection with the violation of EU legislation by several Member States in their non-implementation of the public lending right pursuant to Directive 92/100/EEC (2006/115/EC)?
2. When does the Commission intend to bring infringement procedures in this matter against the abovementioned Member States?
3. What are the reasons for the failure to complete the internal market regarding the public lending right in order to provide fair compensation for authors for the lending of their works? 

The European Commission Replies

On 31 August, Mr. Michel Barnier, European Commissioner for Internal Market and Services answered the letter on behalf of the Commission. Mr. Barnier’s response focuses on three points:

1. The Commission's practice is to commence infringement proceedings once a complaint makes a reasonably substantiated allegation that the EU Treaty or secondary legislation is not respected.

2. The Commission has, at this stage, not received any substantiated complaints that the Member States mentioned in the Honourable Member's question have committed a breach of EC laws.

3. There are indeed several reasons why the public lending right is not applied in a uniform manner for the benefit of authors throughout the European Union. These reasons are not, however, linked to the enforcement policy of the Commission but rather the wording of Directive 92/100/EEC(1) on rental right and lending right and on certain rights related to copyright in the field of intellectual property (as codified by Directive 2006/115/EC).
For the full text of the Commissioner’s reply: