EUR-Lex - 22006A0428(01) - EN Important legal notice | 22006A0428(01) Agreement between the International Criminal Court and the European Union on cooperation and assistance Official Journal L 115 , 28/04/2006 P. 0050 - 0056 Agreementbetween the International Criminal Court and the European Union on cooperation and assistanceTHE INTERNATIONAL CRIMINAL COURT,Hereinafter "the Court",of the one part, andTHE EUROPEAN UNION,hereinafter "the EU", represented by the Presidency of the Council of the European Union,of the other part,hereinafter referred to as the Parties,CONSIDERING the fundamental importance and the priority that must be given to the consolidation of the rule of law and respect for human rights and humanitarian law, as well as the preservation of peace and the strengthening of international security, in conformity with the United Nations Charter and as provided for in Article 11 of the Treaty on European Union;NOTING that the principles of the Rome Statute of the International Criminal Court, as well as those governing its functioning, are fully in line with the principles and objectives of the European Union;EMPHASISING the importance of the administration of justice in accordance with the rule of law and procedural fairness with particular reference to the rights of the accused provided in the Rome Statute;NOTING the special role of victims and witnesses in proceedings before the Court and the need for specific measures aimed at ensuring their security and effective participation in accordance with the Rome Statute;RECALLING that the European security strategy, adopted by the European Council on 12 December 2003, supports an international order based on effective multilateralism;BEARING IN MIND Council Common Position 2003/444/CFSP of 16 June 2003 on the International Criminal Court as well as the Council's Action Plan to follow-up on such Common Position and particularly the essential role of the International Criminal Court for the purpose of preventing and curbing the commission of the serious crimes falling within its jurisdiction;CONSIDERING that the European Union is committed to supporting the effective functioning of the International Criminal Court and to advance universal support for it by promoting the widest possible participation in the Rome Statute;RECALLING THAT this Agreement must be read in conjunction with and subject to the Rome Statute of the International Criminal Court and the Rules of Procedure and Evidence;RECALLING THAT Article 87(6), of the Rome Statute provides that the Court may ask any intergovernmental organisation to provide information or documents, and that the Court may also ask for other forms of cooperation and assistance which may be agreed upon with such an organisation and which are in accordance with its competence or mandate;CONSIDERING THAT this Agreement covers terms of cooperation and assistance between the International Criminal Court and the European Union and not between the International Criminal Court and the Member States of the European Union;CONSIDERING THAT, to that effect, the International Criminal Court and the European Union should agree on terms of cooperation and assistance in addition to Common Position 2003/444/CFSP, as well as to the EU Action Plan in follow-up to that Common Position,HAVE AGREED AS FOLLOWS:Article 1Purpose of the AgreementThis Agreement, which is entered into by the European Union (EU) and the International Criminal Court (the Court) pursuant to the provisions of the Treaty on European Union (EU Treaty) and the Rome Statute of the International Criminal Court (the Statute) respectively, defines the terms of cooperation and assistance between the EU and the Court.Article 2Definition of terms1. For the purposes of this Agreement, "EU" shall mean the Council of the European Union (hereinafter Council), the Secretary General/High Representative and the General Secretariat of the Council, and the Commission of the European Communities (hereinafter European Commission). "EU" shall not mean the Member States in their own right.2. For the purposes of this Agreement, "the Court" shall mean:(a) the Presidency,(b) an Appeals Division, a Trial Division and a Pre-Trial Division,(c) the Prosecutor's Office,(d) the Registry,(e) the Secretariat of the Assembly of States Parties.Article 3Member State Agreements1. This Agreement, including any agreements or arrangements concluded under Article 11, shall not apply to requests for information from the Court which relate to information, other than EU documents including EU classified information, originating from an individual Member State. In such circumstances, any request shall be made directly to the relevant Member State.2. Article 73 of the Statute shall be applied, mutatis mutandis, to requests made by the Court to the EU under this Agreement.Article 4Obligation of cooperation and assistanceThe EU and the Court agree that, with a view to facilitating the effective discharge of their respective responsibilities, they shall cooperate closely, as appropriate, with each other and consult each other on matters of mutual interest, pursuant to the provisions of this Agreement while fully respecting the respective provisions of the EU Treaty and the Statute. In order to facilitate this obligation of cooperation and assistance, the Parties agree on the establishing of appropriate regular contacts between the Court and the EU Focal Point for the Court.Article 5Attendance at meetingsThe EU may invite the Court to attend meetings and conferences arranged under its auspices at which matters of interest to the Court are under discussion in order to give assistance with regard to matters within the jurisdiction of the Court.Article 6Promotion of the values underpinning the StatuteThe EU and the Court shall cooperate, whenever appropriate, by adopting initiatives to promote the dissemination of the principles, values and provisions of the Statute and related instruments.Article 7Exchange of information1. The EU and the Court shall, to the fullest extent possible and practicable, ensure the regular exchange of information and documents of mutual interest in accordance with the Statute and the Rules of Procedure and Evidence.2. With due regard to its responsibilities and competence under the EU Treaty, the EU undertakes to cooperate with the Court and to provide the Court with such information or documents in its possession as the Court may request pursuant to Article 87(6), of the Statute.3. The EU may, at its own initiative and in accordance with the EU Treaty, provide information or documents, which may be relevant to the work of the Court.4. The Registrar of the Court shall, in accordance with the Statute and the Rules of Procedure and Evidence, provide information and documentation relating to pleadings, oral proceedings, judgements and orders of the Court, which may be of interest to the EU.Article 8Protection of safety or securityShould the cooperation, including the disclosure of information or documents, provided for in this Agreement endanger the safety or security of current or former staff of the EU or otherwise prejudice the security or proper conduct of any operation or activity of the EU, the Court may order, particularly at the request of the EU, appropriate measures of protection.Article 9Classified informationProvisions relating to the release of EU classified information by the EU to an organ of the Court are set out in the Annex to this Agreement, which is an integral part thereof.Article 10Testimony of staff of the European Union1. If the Court requests the testimony of an official or other staff of the EU, the EU undertakes to cooperate fully with the Court and, if necessary and with due regard to its responsibilities and competencies under the EU Treaty and the relevant rules thereunder, to take all necessary measures to enable the Court to hear that person's testimony, in particular by waiving that person's obligation of confidentiality.2. With reference to Article 8, the Parties recognise that measures of protection might be required should an official or other staff of the EU be requested to provide the Court with testimony.3. Subject to the Statute and the Rules of Procedure and Evidence, the EU shall be authorised to appoint a representative to assist any official or other staff of the EU who appears as a witness before the Court.Article 11Cooperation between the European Union and the Prosecutor1. While fully respecting the EU Treaty:(i) the EU undertakes to cooperate with the Prosecutor, in accordance with the Statute and the Rules of Procedure and Evidence, in providing additional information held by the EU that he or she may seek;(ii) the EU undertakes to cooperate with the Prosecutor, in accordance with Article 54(3)(c) of the Statute;(iii) the EU shall, in accordance with Article 54(3)(d) of the Statute, enter into such arrangements or agreements, not inconsistent with the Statute, as may be necessary to facilitate the cooperation of the EU with the Prosecutor.2. The Prosecutor shall address requests for information in writing to the Secretary General/High Representative. The Secretary General/High Representative shall provide a written reply no later than one month.3. The EU and the Prosecutor may agree that the EU provide the Prosecutor with documents or information on condition of confidentiality and solely for the purpose of generating new evidence and that such documents or information shall not be disclosed to other organs of the Court or third parties, at any stage of the proceedings or thereafter, without the consent of the EU. The rules on classified information of Article 9 shall apply.Article 12Privileges and immunitiesIf the Court seeks to exercise its jurisdiction over a person who is alleged to be criminally responsible for a crime within the jurisdiction of the Court and if such person enjoys, according to the relevant rules of international law, any privileges and immunities, the relevant institution of the EU undertakes to cooperate fully with the Court and, with due regard to its responsibilities and competencies under the EU Treaty and the relevant rules thereunder, to take all necessary measures to allow the Court to exercise its jurisdiction, in particular by waiving any such privileges and immunities in accordance with all relevant rules of international law.Article 13Personnel arrangementsPursuant to Article 44(4) of the Statute, the EU and the Court agree to determine, on a case by case basis, under which exceptional circumstances the Court may employ the expertise of gratis personnel offered by the EU, to assist with the work of any of the organs of the Court.Article 14Services and facilitiesUpon request of the Court, the EU shall, subject to availability, provide for the purposes of the Court, such facilities and services as may be required, including, where appropriate, support at the field level. The terms and conditions on which any such facilities, services or support of the EU may be provided shall be, as appropriate, the subject of prior supplementary arrangements.Article 15TrainingThe EU shall endeavour to support, as appropriate and in consultation with the Court, the development of training and assistance for judges, prosecutors, officials and counsel in work related to the Court.Article 16Correspondence1. For the purpose of this Agreement:(a) as regards the EU:all correspondence shall be sent to the Council at the following address:Council of the European UnionChief Registry OfficerRue de la Loi/Wetstraat, 175B-1048 Brussels;all correspondence shall be forwarded by the Chief Registry Officer of the Council to the Member States, to the European Commission and to the EU Focal Point for the Court subject to paragraph 2;(b) as regards the Court,all correspondence shall be addressed to the Registrar or the Prosecutor, as appropriate.2. Exceptionally, correspondence from one Party which is only accessible to specific competent officials, organs or services of that Party may, for operational reasons, be addressed and only be accessible to specific competent officials, organs or services of the other Party specifically designated as recipients, taking into account their competencies and according to the need to know principle. As far as the EU is concerned, this correspondence shall be transmitted through the Chief Registry Officer of the Council.Article 17Implementation1. The Office of the Prosecutor and the Registry of the Court and the Secretary-General of the Council and of the European Commission shall oversee the implementation of this Agreement, in accordance with their respective competencies.2. The Court and the EU may, for the purposes of implementing this Agreement, enter into such arrangements as may be found appropriate.Article 18Settlement of disputesAll differences between the EU and the Court arising out of the interpretation or application of this Agreement shall be dealt with through consultation between the Parties.Article 19Entry into force and review1. This Agreement shall enter into force on the first day of the first month after the Parties have signed it.2. This Agreement may be reviewed for consideration of possible amendments at the request of either Party. It shall be reviewed no later than five years after its entry into force.3. Any amendment to this Agreement shall only be made in writing and by common agreement of the Parties.Article 20DenunciationOne Party may denounce this Agreement by written notice of denunciation given to the other Party. Such denunciation shall take effect six months after receipt of notification by the other Party, but shall not affect obligations already contracted under the provisions of this Agreement. In particular, all classified information provided or exchanged pursuant to this Agreement shall continue to be protected in accordance with the provisions set forth herein.IN WITNESS WHEREOF the undersigned, respectively duly authorised, have signed this Agreement.Hecho en Luxemburgo, el diez de abril de dos mil seis.V Lucemburku dne desátého dubna dva tisíce šest.Udfærdiget i Luxembourg den tiende april to tusind og seks.Geschehen zu Luxemburg am zehnten April zweitausendsechs.Kahe tuhande kuuenda aasta aprillikuu kümnendal päeval Luxembourgis.Έγινε στο Λουξεμβούργο, στις δέκα Απριλίου δύο χιλιάδες έξι.Done at Luxembourg on the tenth day of April in the year two thousand and six.Fait à Luxembourg, le dix avril deux mille six.Fatto a Lussemburgo, addì dieci aprile duemilase.Luksemburgā, divtūkstoš sestā gada desmitajā aprīlī.Priimta du tūkstančiai šeštų metų balandžio dešimtą dieną Liuksemburge.Kelt Luxembourgban, a kettőezer hatodik év április tizedik napján.Magħmul fil-Lussemburgu, fl-għaxra jum ta' April tas-sena elfejn u sitta.Gedaan te Luxemburg, de tiende april tweeduizend zes.Sporządzono w Luksemburgu dnia dziesiątego kwietnia roku dwutysięcznego szóstego.Feito no Luxemburgo, em dez de Abril de dois mil e seis.V Luxemburgu dňa desiateho apríla dvetisícšesť.V Luxembourgu, desetega aprila leta dva tisoč šest.Tehty Luxemburgissa kymmenentenä päivänä huhtikuuta vuonna kaksituhattakuusi.Som skedde i Luxemburg den tionde april tjugohundrasex.Por la Unión EuropeaZa Evropskou uniiFor Den Europæiske UnionFür die Europäische UnionEuroopa Liidu nimelΓια την Ευρωπαϊκή ΈνωοηFor the European UnionPour l'Union européennePer l'Unione europeaEiropas Savienības vārdāEuropos Sąjungos varduAz Európai Unió részérőlGħall-Unjoni EwropeaVoor de Europese UnieW imieniu Unii EuropejskiejPela União EuropeiaZa Európsku úniuZa Evropsko unijoEuroopan unionin puolestaFör Europeiska unionen+++++ TIFF +++++Por la Corte Penal InternacionalZa Mezinárodní trestní soudFor Den Internationale StraffedomstolFür den Europäischen StrafgerichtshofRahvusvahelise Kriminaalkohtu nimelΓια to Διεθνές Ποινικό ΔικαστήριοFor the International Criminal CourtPour la Cour Pénale InternationalePer la Corte Penale InternazionaleStarptautiskās Krimināltiesas vārdāTarptautinio baudžiamojo teismo varduA Nemzetközi Büntetőbíróság részérőlGħall-Qorti Kriminali InternazzjonaliVoor het Internationaal StrafhofW imieniu Międzynarodowego Trybunału KarnegoPelo Tribunal Penal InternacionalZa Medzinárodný trestný súdZa Mednarodno Kazensko SodiščeKansainvälisen rikostuomioistuimen puolestaFör Internationella brottmålsdomstolen+++++ TIFF +++++--------------------------------------------------ANNEX1. Should EU classified information be requested by an organ of the Court within the meaning of Article 34 of the Statute, it may be released only in accordance with the Council's security regulations [1].For the purposes of this Agreement, classified information shall mean any information (namely, knowledge that can be communicated in any form) or material determined to require protection against unauthorised disclosure and which has been so designated by a security classification (hereinafter referred to as classified information).In particular:(i) the Court shall ensure that EU classified information released to it keeps the security classification given to it by the EU and shall safeguard such information, in accordance with an equivalent level of protection to that foreseen in the Council's security regulations. In this respect, the Court shall ensure that it provides the protection required by the EU in accordance with the rules, measures and procedures to be established pursuant to paragraph 4;(ii) the Court shall not use the released EU classified information for purposes other than those for which those EU classified information and documents have been released to the Court;(iii) the Court shall not disclose such information and documents to third parties without the prior written consent of the EU in accordance with the principle of originator consent as defined in the Council's security regulations;(iv) the Court shall ensure that access to EU classified information released to it will be authorised only for individuals who have a "need to know";(v) the Court shall ensure that all persons who, in the conduct of their official duties require access, or whose duties or functions may afford access to information classified CONFIDENTIEL UE and above, are appropriately security cleared before they are granted access to such information, in accordance with arrangements to be established on the basis of objective criteria pursuant to paragraph 4;(vi) the Court shall ensure that, before being given access to EU classified information, all individuals who require access to such information are briefed on and comply with the requirements of the protective security regulations relevant to the classification of the information they are to access;(vii) taking into account their level of classification, EU classified information shall be forwarded to the Court by diplomatic bag, military mail services, secure mail services, secure telecommunications or personal carriage. The Court shall notify in advance to the General Secretariat of the Council of the EU the name and address of the body responsible for the security of classified information and the precise addresses to which the information must be forwarded and will ensure that the addressees are security cleared;(viii) the Court shall ensure that all premises, areas, buildings, offices, rooms, communication and information systems, and the like, in which EU classified information is stored and/or handled, is protected by appropriate physical security measures, in accordance with the arrangements to be established pursuant to paragraph 4;(ix) the Court shall ensure that EU classified documents released to it are, on their receipt, recorded in a special register. The Court shall ensure that copies of EU classified documents released to it, which may be made by the recipient body, their number and distribution, are recorded in this special register. The Court shall notify to the EU the date of return of those documents to the EU or provide a certificate of their destruction;(x) the Court shall notify to the General Secretariat of the Council of the EU any case of compromise of EU classified information released to it. In such a case, the Court shall initiate investigations and take appropriate measures to prevent a recurrence, in accordance with the arrangements to be established pursuant to paragraph 4.2. In implementing paragraph 1, no generic release shall be possible unless procedures are established and agreed between the Parties regarding certain categories of information.3. EU classified information may be downgraded or declassified in accordance with Council's security regulations before being released to the Court. Any EU classified document containing national classified information may be consulted only by appropriately cleared Court staff or downgraded or declassified and released to the Court with the express written consent of the originator.4. In order to implement this Agreement, security arrangements shall be established between the three authorities designated below in order to lay down the standards of the reciprocal security protection for classified information subject to this Agreement:(a) the Security Office of the Court shall be responsible for developing security arrangements for the protection and safeguarding of classified information provided to the Court under this Agreement;(b) the Security Office of the General Secretariat of the Council, under the direction and on behalf of the Secretary General of the Council, acting in the name of the Council and under its authority, shall be responsible for developing security arrangements for the protection and safeguarding of classified information provided to the EU under this Agreement;(c) the European Commission Security Directorate, acting in the name of the European Commission and under its authority, shall be responsible for developing security arrangements for the protection of classified information provided or exchanged under this Agreement within the European Commission and its premises;(d) for the EU, these standards shall be subject to approval by the Council Security Committee.5. The Parties shall provide mutual assistance with regard to security of classified information subject to this Agreement and matters of common interest. Reciprocal security consultations and inspections shall be conducted by the authorities defined in paragraph 4 to assess the effectiveness of the security arrangements within their respective responsibility to be established pursuant to paragraph 4.6. The Parties shall have a security organisation and security programmes, based upon such basic principles and minimum standards of security which shall be implemented in the security systems of the Parties to be established pursuant to paragraph 4, to ensure that an equivalent level of protection is applied to classified information subject to this Agreement.7. Prior to the initial provision of classified information subject to this Agreement, the responsible security authorities referred to in paragraph 4 must have agreed that the receiving party is able to protect and safeguard the information subject to this Agreement in a way consistent with the arrangements to be established pursuant to paragraph 4.8. Nothing in this Agreement shall prejudice the possibility of the EU making available to the Court information with the highest level of classification subject to the Court ensuring an equivalent level of protection to that foreseen in the Council's security regulations.[1] Council Decision 2001/264/EC of 19 March 2001 adopting the Council's security regulations (OJ L 101, 11.4.2001, p. 1).--------------------------------------------------

Summary: Agreement between the EU and the International Criminal Court (ICC) Agreement between the EU and the International Criminal Court (ICC) SUMMARY OF: Decision 2006/313/CFSP concluding the agreement between the International Criminal Court and the European Union on cooperation and assistance Agreement between the International Criminal Court and the European Union on cooperation and assistance Decision 2011/168/CFSP on the International Criminal Court WHAT IS THE AIM OF THE DECISIONS AND THE AGREEMENT? By Decision 2006/313/CFSP, the Agreement between the ICC and the EU on cooperation and assistance was approved on behalf of the EU. The Agreement defines the terms of cooperation and assistance between the EU and the ICC. The Agreement binds the EU, and not EU countries. Decision 2011/168/CFSP aims to advance universal support for the Rome Statute, which is the treaty establishing the ICC, to preserve the integrity of the Rome Statute, to support the independence of the ICC and its effective and efficient functioning, to support cooperation with the ICC, and to support the implementation of the principle of complementarity*. Decision 2011/168/CFSP repeals Common Position 2003/444/CSFP. KEY POINTS The Council of the EU and the High Representative of the Union for Foreign Affairs and Security Policy are responsible for coordinating the measures taken by the EU and EU countries for the implementation of Articles 2 to 5 of Decision 2011/168/CFSP, in particular on the 3 following matters: Advancing universal support The EU and EU countries are contribute to the objective of the widest possible participation in the Rome Statute by raising the issue in negotiations and political dialogues with non-EU countries (third States) or regional organisations; and/or through adopting initiatives that promote the values, principles and rules of the Rome Statute. The EU and EU countries cooperate with interested States, international institutions and non-governmental organisations in order to advance universal support. EU countries share their experience regarding the implementation of the statute with interested States. Moreover, the EU and the EU countries contribute to the legislative work needed for the participation in and implementation of the Rome Statute by non-EU countries. Guaranteeing the ICC’s independence In order to guarantee the ICC’s independence, the EU and EU countries: encourage State Parties to pay their contribution to the budget of the ICC; encourage accession to and ratification of the Agreement on the Privileges and Immunities of the ICC; support the development of training and assistance for judges, prosecutors, officials and counsel in work related to the ICC. Supporting effective operation The EU and EU countries follow closely developments concerning cooperation with the ICC. They may enter into ad hoc arrangements or agreements to support the effective functioning of the ICC. That is the case of the agreement between the EU and the ICC on cooperation and assistance. The EU and EU countries take action to ensure full cooperation of non-EU countries with the ICC, including the prompt execution of arrest warrants. The EU’s 2013 response to non-cooperation with the ICC by non-EU countries focuses on how the EU and EU countries should handle non-cooperation. Action Plan The Action Plan for following up on Decision 2011/168/CFSP focuses on: coordination of EU activities to implement the decision’s objectives, the universality and integrity of the Rome Statute, the independence of the ICC, the cooperation with the ICC, and implementing the principle of complementarity. DATE OF ENTRY INTO FORCE The agreement entered into force on 1 May 2006. BACKGROUND The ICC is the world’s first and only permanent international criminal court and is based in The Hague, Netherlands. The ICC investigates and, where warranted, tries individuals charged with the gravest crimes of concern to the international community: genocide*, war crimes*, crimes against humanity* and the crime of aggression*. It is established and governed by the Rome Statute, which entered into force on 1 July 2002 and has been ratified by all EU countries. Declaration by the High Representative, Federica Mogherini, on behalf of the EU on the occasion of the Day of International Criminal Justice, 17 July 2019 — press release (Council of the European Union). KEY TERMS Complementarity: in this context, is the principle by which the ICC is intended as a court of last resort, meaning that it should investigate and prosecute only when national courts have failed. Genocide: acts committed with intent to destroy, in whole or in part, a national, ethnic, racial, or religious group. War crimes: acts committed that violate the law and customs applicable in armed conflicts (e.g. the Geneva Conventions). Examples include mistreating prisoners-of-war, killing hostages, or deliberately destroying cities, towns or villages. Crimes against humanity: acts committed as part of a widespread or systematic attack directed against any civilian populations with knowledge of the attack. Crime of aggression: planning, preparation, initiation or execution, by a person in a position effectively to exercise control over or to direct the political or military action of a State, of an act of aggression which, by its character, gravity and scale, constitutes a manifest violation of the Charter of the United Nations. MAIN DOCUMENTS Council Decision 2006/313/CFSP of 10 April 2006 concerning the conclusion of the Agreement between the International Criminal Court and the European Union on cooperation and assistance (OJ L 115, 28.4.2006, p. 49) Agreement between the International Criminal Court and the European Union on cooperation and assistance (OJ L 115, 28.4.2006, pp. 50-56) Council Decision 2011/168/CFSP of 21 March 2011 on the International Criminal Court and repealing Common Position 2003/444/CFSP (OJ L 76, 22.3.2011, pp. 56-58) last update 15.05.2020


18.12.2007 EN Official Journal of the European Union L 332/103 COUNCIL DECISION 2007/845/JHA of 6 December 2007 concerning cooperation between Asset Recovery Offices of the Member States in the field of tracing and identification of proceeds from, or other property related to, crime THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on European Union, and in particular Articles 30(1)(a) and (b) and 34(2)(c) thereof, Having regard to the initiative of the Kingdom of Belgium, the Republic of Austria and the Republic of Finland, Having regard to the opinion of the European Parliament (1), Whereas: (1) The main motive for cross-border organised crime is financial gain. This financial gain is a stimulus for committing further crime to achieve even more profit. Accordingly, law enforcement services should have the necessary skills to investigate and analyse financial trails of criminal activity. To combat organised crime effectively, information that can lead to the tracing and seizure of proceeds from crime and other property belonging to criminals has to be exchanged rapidly between the Member States of the European Union. (2) The Council adopted Framework Decision 2003/577/JHA of 22 July 2003 on the execution in the European Union of orders freezing property or evidence (2) and Framework Decision 2005/212/JHA of 24 February 2005 on Confiscation of Crime-Related Proceeds, Instrumentalities and Property (3), dealing with certain aspects of judicial cooperation in criminal matters in the field of the freezing and confiscation of the proceeds from, instrumentalities of, and other property related to, crime. (3) Close cooperation is necessary between the relevant authorities of the Member States involved in the tracing of illicit proceeds and other property that may become liable to confiscation and provision should be made allowing for direct communication between those authorities. (4) To that end, Member States should have national Asset Recovery Offices in place which are competent in these fields, and should ensure that these offices can exchange information rapidly. (5) The Camden Assets Recovery Inter-Agency Network (CARIN) established at The Hague on 22-23 September 2004 by Austria, Belgium, Germany, Ireland, Netherlands and the United Kingdom already constitutes a global network of practitioners and experts with the intention of enhancing mutual knowledge on methods and techniques in the area of cross-border identification, freezing, seizure and confiscation of the proceeds from, and other property related to, crime. This Decision should complete the CARIN by providing a legal basis for the exchange of information between Asset Recovery Offices of all the Member States. (6) In its Communication to the Council and the European Parliament ‘The Hague Programme: Ten Priorities for the next five years’, the Commission advocated strengthening tools to address the financial aspects of organised crime, inter alia, by promoting the establishment of criminal asset intelligence units in Member States. (7) Cooperation between the Asset Recovery Offices and between the Asset Recovery Offices and other authorities charged with the facilitation of the tracing and identification of proceeds of crime should take place on the basis of the procedures and time limits provided for in Council Framework Decision 2006/960/JHA of 18 December 2006 on simplifying the exchange of information and intelligence between law enforcement authorities of the Member States of the European Union (4), including the grounds for refusal contained therein. (8) This Decision should be without prejudice to the cooperation arrangements under Council Decision 2000/642/JHA of 17 October 2000 concerning arrangements for cooperation between financial intelligence units of the Member States in exchanging information (5) and to existing arrangements for police cooperation, HAS DECIDED AS FOLLOWS: Article 1 Asset Recovery Offices 1. Each Member State shall set up or designate a national Asset Recovery Office, for the purposes of the facilitation of the tracing and identification of proceeds of crime and other crime related property which may become the object of a freezing, seizure or confiscation order made by a competent judicial authority in the course of criminal or, as far as possible under the national law of the Member State concerned, civil proceedings. 2. Without prejudice to paragraph 1, a Member State may, in conformity with its national law, set up or designate two Asset Recovery Offices. Where a Member State has more than two authorities charged with the facilitation of the tracing and identification of proceeds of crime, it shall nominate a maximum of two of its Asset Recovery Offices as contact point(s). 3. Member States shall indicate the authorities which are the national Asset Recovery Offices within the meaning of this Article. They shall notify this information and any subsequent changes to the General Secretariat of the Council in writing. This notification shall not preclude other authorities which are charged with the facilitation of the tracing and identification of proceeds of crime from exchanging information under Articles 3 and 4 with an Asset Recovery Office of another Member State. Article 2 Cooperation between Asset Recovery Offices 1. Member States shall ensure that their Asset Recovery Offices cooperate with each other for the purposes set out in Article 1(1), by exchanging information and best practices, both upon request and spontaneously. 2. Member States shall ensure that this cooperation is not hampered by the status of the Asset Recovery Offices under national law, regardless of whether they form part of an administrative, law enforcement or a judicial authority. Article 3 Exchange of information between Asset Recovery Offices on request 1. An Asset Recovery Office of a Member State or other authorities in a Member State charged with the facilitation of the tracing and identification of proceeds of crime may make a request to an Asset Recovery Office of another Member State for information for the purposes set out in Article 1(1). To that end it shall rely on Framework Decision 2006/960/JHA and on the rules adopted in implementation thereof. 2. When filling out the form provided for under Framework Decision 2006/960/JHA, the requesting Asset Recovery Office shall specify the object of and the reasons for the request and the nature of the proceedings. It shall also provide details on property targeted or sought (bank accounts, real estate, cars, yachts and other high value items) and/or the natural or legal persons presumed to be involved (e.g. names, addresses, dates and places of birth, date of registration, shareholders, headquarters). Such details shall be as precise as possible. Article 4 Spontaneous exchange of information between Asset Recovery Offices 1. Asset Recovery Offices or other authorities charged with the facilitation of the tracing and identification of proceeds of crime may, within the limits of the applicable national law and without a request to that effect, exchange information which they consider necessary for the execution of the tasks of another Asset Recovery Office in pursuance of purpose set out in Article 1(1). 2. Article 3 shall apply to the exchange of information under this Article mutatis mutandis. Article 5 Data protection 1. Each Member State shall ensure that the established rules on data protection are applied also within the procedure on exchange of information provided for by this Decision. 2. The use of information which has been exchanged directly or bilaterally under this Decision shall be subject to the national data protection provisions of the receiving Member State, where the information shall be subject to the same data protection rules as if they had been gathered in the receiving Member State. The personal data processed in the context of the application of this Decision shall be protected in accordance with the Council of Europe Convention of 28 January 1981 for the Protection of Individuals with regard to Automatic Processing of Personal Data, and, for those Member States which have ratified it, the Additional Protocol of 8 November 2001 to that Convention, regarding Supervisory Authorities and Transborder Data Flows. The principles of Recommendation No R(87) 15 of the Council of Europe Regulating the Use of Personal Data in the Police Sector should also be taken into account when law enforcement authorities handle personal data obtained under this Decision. Article 6 Exchange of best practices Member States shall ensure that the Asset Recovery Offices shall exchange best practices concerning ways to improve the effectiveness of Member States’ efforts in tracing and identifying proceeds from, and other property related to, crime which may become the object of a freezing, seizure or confiscation order by a competent judicial authority. Article 7 Relationship to existing arrangements for cooperation This Decision shall be without prejudice to the obligations resulting from European Union instruments on mutual legal assistance or on mutual recognition of decisions regarding criminal matters, from bilateral or multilateral agreements or arrangements between the Member States and third countries on mutual legal assistance and from Decision 2000/642/JHA and Framework Decision 2006/960/JHA. Article 8 Implementation 1. The Member States shall ensure that they are able to cooperate fully in accordance with the provisions of this Decision by 18 December 2008. By the same date Member States shall transmit to the General Secretariat of the Council and to the Commission the text of any provisions of their national law enabling them to comply with the obligations imposed on them under this Decision. 2. So long as the Member States have not yet implemented Framework Decision 2006/960/JHA, references to that Framework Decision in this Decision shall be understood as references to the applicable instruments on police cooperation between the Member States. 3. By 18 December 2010 the Council shall assess Member States’ compliance with this Decision on the basis of a report made by the Commission. Article 9 Application This Decision shall take effect on the date of its publication in the Official Journal of the European Union. Done at Brussels, 6 December 2007. For the Council The President A. COSTA (1) Opinion of 12 December 2006 (not yet published in the Official Journal). (2) OJ L 196, 2.8.2003, p. 45. (3) OJ L 68, 15.3.2005, p. 49. (4) OJ L 386, 29.12.2006, p. 89. (5) OJ L 271, 24.10.2000, p. 4.

Summary: Cooperation between EU countries in recovering proceeds from crime Cooperation between EU countries in recovering proceeds from crime SUMMARY OF: Council Decision 2007/845/JHA on cooperation between EU countries’ Asset Recovery Offices in the field of tracing and identification of proceeds from, or other property related to, crime SUMMARY WHAT DOES THE DECISION DO? It establishes the requirements for the setting up of national Asset Recovery Offices (AROs) in EU countries. KEY POINTS The purpose of AROs is to facilitate the tracing and identification of proceeds of crime which may become the subject of a freezing, seizure or confiscation order, as part of a criminal or civil investigation. EU countries are required to establish or designate at least one ARO (maximum 2) in their territory. AROs are obliged to exchange information with each other irrespective of their status (law enforcement, judicial or administrative). An ARO, or another authority of an EU country with similar responsibilities, may make a request for information from an ARO of another EU country for information as part of a criminal or civil investigation. The request should include details of: the object and the reason for the request the nature of the proceedings the property targeted or sought and/or the natural or legal persons (people or companies) presumed to be involved. An ARO may, without request, spontaneously exchange information which they consider necessary for the execution of tasks of the ARO of another EU country. FROM WHEN DOES THE DECISION APPLY? It has applied since 18 December 2007. BACKGROUND Following on from the Framework Decision, the European Commission launched an informal platform to further enhance EU cooperation and coordinate exchanges of information and best practice. A 2011 Commission report found that although AROs are an effective tool in targeting criminals’ money, offices faced common problems particularly with regard to their capacity to access relevant financial information. In 2014, Directive 2014/42/EU was adopted establishing minimum EU rules on both the freezing of property with a view to possible subsequent confiscation, and the confiscation of property in criminal matters. EU countries had to incorporate the directive into national law by 4 October 2015. For more information, see ‘Confiscation and asset recovery’on the European Commission's website. ACT Council Decision 2007/845/JHA of 6 December 2007 concerning cooperation between Asset Recovery Offices of the Member States in the field of tracing and identification of proceeds from, or other property related to, crime (OJ L 332, 18.12.2007, pp. 103-105) RELATED ACTS Directive 2014/42/EU of the European Parliament and of the Council of 3 April 2014 on the freezing and confiscation of instrumentalities and proceeds of crime in the European Union (OJ L 127, 29.4.2014, pp. 39-50). Corrections to Directive 2014/42/EU have been incorporated in the basic text. This consolidated version is of documentary value only. Council Framework Decision 2003/577/JHA of 22 July 2003 on the execution in the European Union of orders freezing property or evidence (OJ L 196, 2.8.2003, pp. 45-55). See consolidated version. Council Framework Decision 2006/783/JHA of 6 October 2006 on the application of the principle of mutual recognition to confiscation orders (OJ L 328, 24.11.2006, pp. 59-78). See consolidated version. last update 25.04.2016


27.12.2006 EN Official Journal of the European Union L 376/28 DIRECTIVE 2006/115/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 12 December 2006 on rental right and lending right and on certain rights related to copyright in the field of intellectual property (codified version) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Articles 47(2), 55 and 95 thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Economic and Social Committee, Acting in accordance with the procedure laid down in Article 251 of the Treaty (1), Whereas: (1) Council Directive 92/100/EEC of 19 November 1992 on rental right and lending right and on certain rights related to copyright in the field of intellectual property (2) has been substantially amended several times (3). In the interests of clarity and rationality the said Directive should be codified. (2) Rental and lending of copyright works and the subject matter of related rights protection is playing an increasingly important role in particular for authors, performers and producers of phonograms and films. Piracy is becoming an increasing threat. (3) The adequate protection of copyright works and subject matter of related rights protection by rental and lending rights as well as the protection of the subject matter of related rights protection by the fixation right, distribution right, right to broadcast and communication to the public can accordingly be considered as being of fundamental importance for the economic and cultural development of the Community. (4) Copyright and related rights protection must adapt to new economic developments such as new forms of exploitation. (5) The creative and artistic work of authors and performers necessitates an adequate income as a basis for further creative and artistic work, and the investments required particularly for the production of phonograms and films are especially high and risky. The possibility of securing that income and recouping that investment can be effectively guaranteed only through adequate legal protection of the rightholders concerned. (6) These creative, artistic and entrepreneurial activities are, to a large extent, activities of self-employed persons. The pursuit of such activities should be made easier by providing a harmonised legal protection within the Community. To the extent that these activities principally constitute services, their provision should equally be facilitated by a harmonised legal framework in the Community. (7) The legislation of the Member States should be approximated in such a way as not to conflict with the international conventions on which the copyright and related rights laws of many Member States are based. (8) The legal framework of the Community on the rental right and lending right and on certain rights related to copyright can be limited to establishing that Member States provide rights with respect to rental and lending for certain groups of rightholders and further to establishing the rights of fixation, distribution, broadcasting and communication to the public for certain groups of rightholders in the field of related rights protection. (9) It is necessary to define the concepts of rental and lending for the purposes of this Directive. (10) It is desirable, with a view to clarity, to exclude from rental and lending within the meaning of this Directive certain forms of making available, as for instance making available phonograms or films for the purpose of public performance or broadcasting, making available for the purpose of exhibition, or making available for on-the-spot reference use. Lending within the meaning of this Directive should not include making available between establishments which are accessible to the public. (11) Where lending by an establishment accessible to the public gives rise to a payment the amount of which does not go beyond what is necessary to cover the operating costs of the establishment, there is no direct or indirect economic or commercial advantage within the meaning of this Directive. (12) It is necessary to introduce arrangements ensuring that an unwaivable equitable remuneration is obtained by authors and performers who must remain able to entrust the administration of this right to collecting societies representing them. (13) The equitable remuneration may be paid on the basis of one or several payments at any time on or after the conclusion of the contract. It should take account of the importance of the contribution of the authors and performers concerned to the phonogram or film. (14) It is also necessary to protect the rights at least of authors as regards public lending by providing for specific arrangements. However, any measures taken by way of derogation from the exclusive public lending right should comply in particular with Article 12 of the Treaty. (15) The provisions laid down in this Directive as to rights related to copyright should not prevent Member States from extending to those exclusive rights the presumption provided for in this Directive with regard to contracts concerning film production concluded individually or collectively by performers with a film producer. Furthermore, those provisions should not prevent Member States from providing for a rebuttable presumption of the authorisation of exploitation in respect of the exclusive rights of performers provided for in the relevant provisions of this Directive, in so far as such presumption is compatible with the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations (hereinafter referred to as the Rome Convention). (16) Member States should be able to provide for more far-reaching protection for owners of rights related to copyright than that required by the provisions laid down in this Directive in respect of broadcasting and communication to the public. (17) The harmonised rental and lending rights and the harmonised protection in the field of rights related to copyright should not be exercised in a way which constitutes a disguised restriction on trade between Member States or in a way which is contrary to the rule of media exploitation chronology, as recognised in the judgment handed down in Société Cinéthèque v. FNCF (4). (18) This Directive should be without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law of the Directives as set out in Part B of Annex I, HAVE ADOPTED THIS DIRECTIVE: CHAPTER I RENTAL AND LENDING RIGHT Article 1 Object of harmonisation 1. In accordance with the provisions of this Chapter, Member States shall provide, subject to Article 6, a right to authorise or prohibit the rental and lending of originals and copies of copyright works, and other subject matter as set out in Article 3(1). 2. The rights referred to in paragraph 1 shall not be exhausted by any sale or other act of distribution of originals and copies of copyright works and other subject matter as set out in Article 3(1). Article 2 Definitions 1. For the purposes of this Directive the following definitions shall apply: (a) ‘rental’ means making available for use, for a limited period of time and for direct or indirect economic or commercial advantage; (b) ‘lending’ means making available for use, for a limited period of time and not for direct or indirect economic or commercial advantage, when it is made through establishments which are accessible to the public; (c) ‘film’ means a cinematographic or audiovisual work or moving images, whether or not accompanied by sound. 2. The principal director of a cinematographic or audiovisual work shall be considered as its author or one of its authors. Member States may provide for others to be considered as its co-authors. Article 3 Rightholders and subject matter of rental and lending right 1. The exclusive right to authorise or prohibit rental and lending shall belong to the following: (a) the author in respect of the original and copies of his work; (b) the performer in respect of fixations of his performance; (c) the phonogram producer in respect of his phonograms; (d) the producer of the first fixation of a film in respect of the original and copies of his film. 2. This Directive shall not cover rental and lending rights in relation to buildings and to works of applied art. 3. The rights referred to in paragraph 1 may be transferred, assigned or subject to the granting of contractual licences. 4. Without prejudice to paragraph 6, when a contract concerning film production is concluded, individually or collectively, by performers with a film producer, the performer covered by this contract shall be presumed, subject to contractual clauses to the contrary, to have transferred his rental right, subject to Article 5. 5. Member States may provide for a similar presumption as set out in paragraph 4 with respect to authors. 6. Member States may provide that the signing of a contract concluded between a performer and a film producer concerning the production of a film has the effect of authorising rental, provided that such contract provides for an equitable remuneration within the meaning of Article 5. Member States may also provide that this paragraph shall apply mutatis mutandis to the rights included in Chapter II. Article 4 Rental of computer programs This Directive shall be without prejudice to Article 4(c) of Council Directive 91/250/EEC of 14 May 1991 on the legal protection of computer programs (5). Article 5 Unwaivable right to equitable remuneration 1. Where an author or performer has transferred or assigned his rental right concerning a phonogram or an original or copy of a film to a phonogram or film producer, that author or performer shall retain the right to obtain an equitable remuneration for the rental. 2. The right to obtain an equitable remuneration for rental cannot be waived by authors or performers. 3. The administration of this right to obtain an equitable remuneration may be entrusted to collecting societies representing authors or performers. 4. Member States may regulate whether and to what extent administration by collecting societies of the right to obtain an equitable remuneration may be imposed, as well as the question from whom this remuneration may be claimed or collected. Article 6 Derogation from the exclusive public lending right 1. Member States may derogate from the exclusive right provided for in Article 1 in respect of public lending, provided that at least authors obtain a remuneration for such lending. Member States shall be free to determine this remuneration taking account of their cultural promotion objectives. 2. Where Member States do not apply the exclusive lending right provided for in Article 1 as regards phonograms, films and computer programs, they shall introduce, at least for authors, a remuneration. 3. Member States may exempt certain categories of establishments from the payment of the remuneration referred to in paragraphs 1 and 2. CHAPTER II RIGHTS RELATED TO COPYRIGHT Article 7 Fixation right 1. Member States shall provide for performers the exclusive right to authorise or prohibit the fixation of their performances. 2. Member States shall provide for broadcasting organisations the exclusive right to authorise or prohibit the fixation of their broadcasts, whether these broadcasts are transmitted by wire or over the air, including by cable or satellite. 3. A cable distributor shall not have the right provided for in paragraph 2 where it merely retransmits by cable the broadcasts of broadcasting organisations. Article 8 Broadcasting and communication to the public 1. Member States shall provide for performers the exclusive right to authorise or prohibit the broadcasting by wireless means and the communication to the public of their performances, except where the performance is itself already a broadcast performance or is made from a fixation. 2. Member States shall provide a right in order to ensure that a single equitable remuneration is paid by the user, if a phonogram published for commercial purposes, or a reproduction of such phonogram, is used for broadcasting by wireless means or for any communication to the public, and to ensure that this remuneration is shared between the relevant performers and phonogram producers. Member States may, in the absence of agreement between the performers and phonogram producers, lay down the conditions as to the sharing of this remuneration between them. 3. Member States shall provide for broadcasting organisations the exclusive right to authorise or prohibit the rebroadcasting of their broadcasts by wireless means, as well as the communication to the public of their broadcasts if such communication is made in places accessible to the public against payment of an entrance fee. Article 9 Distribution right 1. Member States shall provide the exclusive right to make available to the public, by sale or otherwise, the objects indicated in points (a) to (d), including copies thereof, hereinafter ‘the distribution right’: (a) for performers, in respect of fixations of their performances; (b) for phonogram producers, in respect of their phonograms; (c) for producers of the first fixations of films, in respect of the original and copies of their films; (d) for broadcasting organisations, in respect of fixations of their broadcasts as set out in Article 7(2). 2. The distribution right shall not be exhausted within the Community in respect of an object as referred to in paragraph 1, except where the first sale in the Community of that object is made by the rightholder or with his consent. 3. The distribution right shall be without prejudice to the specific provisions of Chapter I, in particular Article 1(2). 4. The distribution right may be transferred, assigned or subject to the granting of contractual licences. Article 10 Limitations to rights 1. Member States may provide for limitations to the rights referred to in this Chapter in respect of: (a) private use; (b) use of short excerpts in connection with the reporting of current events; (c) ephemeral fixation by a broadcasting organisation by means of its own facilities and for its own broadcasts; (d) use solely for the purposes of teaching or scientific research. 2. Irrespective of paragraph 1, any Member State may provide for the same kinds of limitations with regard to the protection of performers, producers of phonograms, broadcasting organisations and of producers of the first fixations of films, as it provides for in connection with the protection of copyright in literary and artistic works. However, compulsory licences may be provided for only to the extent to which they are compatible with the Rome Convention. 3. The limitations referred to in paragraphs 1 and 2 shall be applied only in certain special cases which do not conflict with a normal exploitation of the subject matter and do not unreasonably prejudice the legitimate interests of the rightholder. CHAPTER III COMMON PROVISIONS Article 11 Application in time 1. This Directive shall apply in respect of all copyright works, performances, phonograms, broadcasts and first fixations of films referred to in this Directive which were, on 1 July 1994, still protected by the legislation of the Member States in the field of copyright and related rights or which met the criteria for protection under this Directive on that date. 2. This Directive shall apply without prejudice to any acts of exploitation performed before 1 July 1994. 3. Member States may provide that the rightholders are deemed to have given their authorisation to the rental or lending of an object referred to in points (a) to (d) of Article 3(1) which is proven to have been made available to third parties for this purpose or to have been acquired before 1 July 1994. However, in particular where such an object is a digital recording, Member States may provide that rightholders shall have a right to obtain an adequate remuneration for the rental or lending of that object. 4. Member States need not apply the provisions of Article 2(2) to cinematographic or audiovisual works created before 1 July 1994. 5. This Directive shall, without prejudice to paragraph 3 and subject to paragraph 7, not affect any contracts concluded before 19 November 1992. 6. Member States may provide, subject to the provisions of paragraph 7, that when rightholders who acquire new rights under the national provisions adopted in implementation of this Directive have, before 1 July 1994, given their consent for exploitation, they shall be presumed to have transferred the new exclusive rights. 7. For contracts concluded before 1 July 1994, the unwaivable right to an equitable remuneration provided for in Article 5 shall apply only where authors or performers or those representing them have submitted a request to that effect before 1 January 1997. In the absence of agreement between rightholders concerning the level of remuneration, Member States may fix the level of equitable remuneration. Article 12 Relation between copyright and related rights Protection of copyright-related rights under this Directive shall leave intact and shall in no way affect the protection of copyright. Article 13 Communication Member States shall communicate to the Commission the main provisions of national law adopted in the field covered by this Directive. Article 14 Repeal Directive 92/100/EEC is hereby repealed, without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law of the Directives as set out in Part B of Annex I. References made to the repealed Directive shall be construed as being made to this Directive and should be read in accordance with the correlation table in Annex II. Article 15 Entry into force This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. Article 16 Addressees This Directive is addressed to the Member States. Done at Strasbourg, 12 December 2006. For the European Parliament The President J. BORRELL FONTELLES For the Council The President M. PEKKARINEN (1) Opinion of the European Parliament delivered on 12 October 2006 (not yet published in the Official Journal). (2) OJ L 346, 27.11.1992, p. 61. Directive as last amended by Directive 2001/29/EC of the European Parliament and of the Council (OJ L 167, 22.6.2001, p. 10). (3) See Annex I, Part A. (4) Joined Cases 60/84 and 61/84 [1985] ECR 2 605. (5) OJ L 122, 17.5.1991, p. 42. Directive as amended by Directive 93/98/EEC (OJ L 290, 24.11.1993, p. 9). ANNEX I PART A Repealed Directive with its successive amendments Council Directive 92/100/EEC (OJ L 346, 27.11.1992, p. 61) Council Directive 93/98/EEC (OJ L 290, 24.11.1993, p. 9) Article 11(2) only Directive 2001/29/EC of the European Parliament and of the Council (OJ L 167, 22.6.2001, p. 10) Article 11(1) only PART B List of time-limits for transposition into national law (referred to in Article 14) Directive Time-limit for transposition 92/100/EEC 1 July 1994 93/98/EEC 30 June 1995 2001/29/EC 21 December 2002 ANNEX II CORRELATION TABLE Directive 92/100/EEC This Directive Article 1(1) Article 1(1) Article 1(2) Article 2(1), introductory words and point (a) Article 1(3) Article 2(1), point (b) Article 1(4) Article 1(2) Article 2(1), introductory words Article 3(1), introductory words Article 2(1), first indent Article 3(1)(a) Article 2(1), second indent Article 3(1)(b) Article 2(1), third indent Article 3(1)(c) Article 2(1), fourth indent, first sentence Article 3(1)(d) Article 2(1), fourth indent, second sentence Article 2(1), point (c) Article 2(2) Article 2 (2) Article 2(3) Article 3(2) Article 2(4) Article 3(3) Article 2(5) Article 3(4) Article 2(6) Article 3(5) Article 2(7) Article 3(6) Article 3 Article 4 Article 4 Article 5 Article 5(1) to (3) Article 6(1) to (3) Article 5(4) — Article 6 Article 7 Article 8 Article 8 Article 9(1), introductory words and final words Article 9(1), introductory words Article 9(1), first indent Article 9(1)(a) Article 9(1), second indent Article 9(1)(b) Article 9(1), third indent Article 9(1)(c) Article 9(1), fourth indent Article 9(1)(d) Article 9(2), (3) and (4) Article 9(2), (3) and (4) Article 10(1) Article 10(1) Article 10(2), first sentence Article 10(2), first subparagraph Article 10(2), second sentence Article 10(2), second subparagraph Article 10(3) Article 10(3) Article 13(1) and (2) Article 11(1) and (2) Article 13(3), first sentence Article 11(3), first subparagraph Article 13(3), second sentence Article 11(3), second subparagraph Article 13(4) Article 11(4) Article 13(5) — Article 13(6) Article 11(5) Article 13(7) Article 11(6) Article 13(8) — Article 13(9) Article 11(7) Article 14 Article 12 Article 15(1) — Article 15(2) Article 13 — Article 14 — Article 15 Article 16 Article 16 — Annex I — Annex II

Summary: Rental, lending and certain other rights related to copyright in the field of intellectual property Rental, lending and certain other rights related to copyright in the field of intellectual property The directive harmonises the legal situation regarding rental right, lending right and certain related rights, so as to provide a greater level of protection for literary and artistic property. It requires EU countries to have laws on the right to authorise or prohibit the rental and lending of originals and copies of copyright works. It determines who holds these rights and lays down certain procedures for their exercise. ACT Directive 2006/115/EC of the European Parliament and of the Council of 12 December 2006 on rental right and lending right and on certain rights related to copyright in the field of intellectual property (codified version). SUMMARY EU countries must introduce laws granting the right to authorise or prohibit the rental and lending of originals and copies of copyright works. Rental means making available for use, for a limited period of time and for direct or indirect economic or commercial advantage. Lending means making available for use, for a limited period of time and not for direct or indirect economic or commercial advantage, when it is made through establishments which are accessible to the public. Owners of right The holders of rental and lending rights are the authors, including the principal directors of films, performers, phonogram producers or film producers. The transfer of the rights of performers appearing in films is governed by special rules. Termination or transfer of right Where an author or performer has transferred or assigned his rental right concerning a phonogram or an original or copy of a film, he retains the right to be paid an equitable amount for its rental. This right cannot be waived. However, its administration may be delegated to collecting societies representing authors or performing artists. Derogation to lending right EU countries may derogate from the exclusive lending right, provided that at least authors obtain payment for such lending. EU countries are free to determine this payment taking account of their cultural promotion objectives. Neighbouring rights to copyright As regards rights related to copyright, EU countries must ensure that performers and broadcasting organisations are granted exclusive rights of fixation. EU countries must ensure that performers have the exclusive right of broadcasting and communicating to the public for in respect of their live performances. The broadcasting or communication to the public of a phonogram published for commercial purposes entitles performers and producers to remuneration. Broadcasting organisations have the exclusive right to authorise or prohibit the rebroadcasting of their broadcasts, as well as the communication to the public of their broadcasts if it takes place in public areas and an entrance fee is paid. EU countries must ensure that performers phonogram producers, producers of the first fixations of films and broadcasting organisations have an exclusive right to make available to the public, by sale or otherwise, fixations of their performances, their phonograms, the original and copies of their films and fixations of their broadcasts. This distribution right is exhausted within the EU where the first sale of these objects is made either by the right holder or with his consent. EU countries may provide for limitations to related rights in respect of private use, use of short excerpts or certain other uses. Protection of copyright-related rights under the directive must in no way affect the protection of copyright. REFERENCES Act Entry into force Deadline for transposition in the Member States Official Journal Directive 2006/115/EC 16.1.2007 1.7.1994 for provisions of 92/100/ECC (repealed) 30.6.1995 for provisions of Directive 93/98/EEC (repealed) 21.12.2002 for provisions of Directive 2001/29/EC (repealed) OJ L 376 of 27.12.2006 RELATED ACTS Directive 2014/26/EU of the European Parliament and of the Council on collective management of copyright and related rights and multi-territorial licensing of rights in musical works for online use in the internal market [Official Journal L 84 of 20.3.2014]. This directive aims to enable online service providers to obtain licenses for cross-border music services from collective management organisations operating across EU borders. It should also increase transparency and efficiency in the functioning of copyright collective management organisations. Last updated: 16.06.2014


27.12.2006 EN Official Journal of the European Union L 372/12 DIRECTIVE 2006/116/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 12 December 2006 on the term of protection of copyright and certain related rights (codified version) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Articles 47(2), 55 and 95 thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Economic and Social Committee (1), Acting in accordance with the procedure laid down in Article 251 of the Treaty (2), Whereas: (1) Council Directive 93/98/EEC of 29 October 1993 harmonising the term of protection of copyright and certain related rights (3) has been substantially amended (4). In the interests of clarity and rationality the said Directive should be codified. (2) The Berne Convention for the protection of literary and artistic works and the International Convention for the protection of performers, producers of phonograms and broadcasting organisations (Rome Convention) lay down only minimum terms of protection of the rights they refer to, leaving the Contracting States free to grant longer terms. Certain Member States have exercised this entitlement. In addition, some Member States have not yet become party to the Rome Convention. (3) There are consequently differences between the national laws governing the terms of protection of copyright and related rights, which are liable to impede the free movement of goods and freedom to provide services and to distort competition in the common market. Therefore, with a view to the smooth operation of the internal market, the laws of the Member States should be harmonised so as to make terms of protection identical throughout the Community. (4) It is important to lay down not only the terms of protection as such, but also certain implementing arrangements, such as the date from which each term of protection is calculated. (5) The provisions of this Directive should not affect the application by the Member States of the provisions of Article 14 bis (2)(b), (c) and (d) and (3) of the Berne Convention. (6) The minimum term of protection laid down by the Berne Convention, namely the life of the author and 50 years after his death, was intended to provide protection for the author and the first two generations of his descendants. The average lifespan in the Community has grown longer, to the point where this term is no longer sufficient to cover two generations. (7) Certain Member States have granted a term longer than 50 years after the death of the author in order to offset the effects of the world wars on the exploitation of authors' works. (8) For the protection of related rights certain Member States have introduced a term of 50 years after lawful publication or lawful communication to the public. (9) The Diplomatic Conference held in December 1996, under the auspices of the World Intellectual Property Organization (WIPO), led to the adoption of the WIPO Performances and Phonograms Treaty, which deals with the protection of performers and producers of phonograms. This Treaty took the form of a substantial up-date of the international protection of related rights. (10) Due regard for established rights is one of the general principles of law protected by the Community legal order. Therefore, the terms of protection of copyright and related rights established by Community law cannot have the effect of reducing the protection enjoyed by rightholders in the Community before the entry into force of Directive 93/98/EEC. In order to keep the effects of transitional measures to a minimum and to allow the internal market to function smoothly, those terms of protection should be applied for long periods. (11) The level of protection of copyright and related rights should be high, since those rights are fundamental to intellectual creation. Their protection ensures the maintenance and development of creativity in the interest of authors, cultural industries, consumers and society as a whole. (12) In order to establish a high level of protection which at the same time meets the requirements of the internal market and the need to establish a legal environment conducive to the harmonious development of literary and artistic creation in the Community, the term of protection for copyright should be harmonised at 70 years after the death of the author or 70 years after the work is lawfully made available to the public, and for related rights at 50 years after the event which sets the term running. (13) Collections are protected according to Article 2(5) of the Berne Convention when, by reason of the selection and arrangement of their content, they constitute intellectual creations. Those works are protected as such, without prejudice to the copyright in each of the works forming part of such collections. Consequently, specific terms of protection may apply to works included in collections. (14) In all cases where one or more physical persons are identified as authors, the term of protection should be calculated after their death. The question of authorship of the whole or a part of a work is a question of fact which the national courts may have to decide. (15) Terms of protection should be calculated from the first day of January of the year following the relevant event, as they are in the Berne and Rome Conventions. (16) The protection of photographs in the Member States is the subject of varying regimes. A photographic work within the meaning of the Berne Convention is to be considered original if it is the author's own intellectual creation reflecting his personality, no other criteria such as merit or purpose being taken into account. The protection of other photographs should be left to national law. (17) In order to avoid differences in the term of protection as regards related rights it is necessary to provide the same starting point for the calculation of the term throughout the Community. The performance, fixation, transmission, lawful publication, and lawful communication to the public, that is to say the means of making a subject of a related right perceptible in all appropriate ways to persons in general, should be taken into account for the calculation of the term of protection regardless of the country where this performance, fixation, transmission, lawful publication, or lawful communication to the public takes place. (18) The rights of broadcasting organisations in their broadcasts, whether these broadcasts are transmitted by wire or over the air, including by cable or satellite, should not be perpetual. It is therefore necessary to have the term of protection running from the first transmission of a particular broadcast only. This provision is understood to avoid a new term running in cases where a broadcast is identical to a previous one. (19) The Member States should remain free to maintain or introduce other rights related to copyright in particular in relation to the protection of critical and scientific publications. In order to ensure transparency at Community level, it is however necessary for Member States which introduce new related rights to notify the Commission. (20) It should be made clear that this Directive does not apply to moral rights. (21) For works whose country of origin within the meaning of the Berne Convention is a third country and whose author is not a Community national, comparison of terms of protection should be applied, provided that the term accorded in the Community does not exceed the term laid down in this Directive. (22) Where a rightholder who is not a Community national qualifies for protection under an international agreement, the term of protection of related rights should be the same as that laid down in this Directive. However, this term should not exceed that fixed in the third country of which the rightholder is a national. (23) Comparison of terms should not result in Member States being brought into conflict with their international obligations. (24) Member States should remain free to adopt provisions on the interpretation, adaptation and further execution of contracts on the exploitation of protected works and other subject matter which were concluded before the extension of the term of protection resulting from this Directive. (25) Respect of acquired rights and legitimate expectations is part of the Community legal order. Member States may provide in particular that in certain circumstances the copyright and related rights which are revived pursuant to this Directive may not give rise to payments by persons who undertook in good faith the exploitation of the works at the time when such works lay within the public domain. (26) This Directive should be without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law and application of the Directives, as set out in Part B of Annex I, HAVE ADOPTED THIS DIRECTIVE: Article 1 Duration of authors' rights 1. The rights of an author of a literary or artistic work within the meaning of Article 2 of the Berne Convention shall run for the life of the author and for 70 years after his death, irrespective of the date when the work is lawfully made available to the public. 2. In the case of a work of joint authorship, the term referred to in paragraph 1 shall be calculated from the death of the last surviving author. 3. In the case of anonymous or pseudonymous works, the term of protection shall run for 70 years after the work is lawfully made available to the public. However, when the pseudonym adopted by the author leaves no doubt as to his identity, or if the author discloses his identity during the period referred to in the first sentence, the term of protection applicable shall be that laid down in paragraph 1. 4. Where a Member State provides for particular provisions on copyright in respect of collective works or for a legal person to be designated as the rightholder, the term of protection shall be calculated according to the provisions of paragraph 3, except if the natural persons who have created the work are identified as such in the versions of the work which are made available to the public. This paragraph is without prejudice to the rights of identified authors whose identifiable contributions are included in such works, to which contributions paragraph 1 or 2 shall apply. 5. Where a work is published in volumes, parts, instalments, issues or episodes and the term of protection runs from the time when the work was lawfully made available to the public, the term of protection shall run for each such item separately. 6. In the case of works for which the term of protection is not calculated from the death of the author or authors and which have not been lawfully made available to the public within 70 years from their creation, the protection shall terminate. Article 2 Cinematographic or audiovisual works 1. The principal director of a cinematographic or audiovisual work shall be considered as its author or one of its authors. Member States shall be free to designate other co-authors. 2. The term of protection of cinematographic or audiovisual works shall expire 70 years after the death of the last of the following persons to survive, whether or not these persons are designated as co-authors: the principal director, the author of the screenplay, the author of the dialogue and the composer of music specifically created for use in the cinematographic or audiovisual work. Article 3 Duration of related rights 1. The rights of performers shall expire 50 years after the date of the performance. However, if a fixation of the performance is lawfully published or lawfully communicated to the public within this period, the rights shall expire 50 years from the date of the first such publication or the first such communication to the public, whichever is the earlier. 2. The rights of producers of phonograms shall expire 50 years after the fixation is made. However, if the phonogram has been lawfully published within this period, the said rights shall expire 50 years from the date of the first lawful publication. If no lawful publication has taken place within the period mentioned in the first sentence, and if the phonogram has been lawfully communicated to the public within this period, the said rights shall expire 50 years from the date of the first lawful communication to the public. However, this paragraph shall not have the effect of protecting anew the rights of producers of phonograms where, through the expiry of the term of protection granted them pursuant to Article 3(2) of Directive 93/98/EEC in its version before amendment by Directive 2001/29/EEC, they were no longer protected on 22 December 2002. 3. The rights of producers of the first fixation of a film shall expire 50 years after the fixation is made. However, if the film is lawfully published or lawfully communicated to the public during this period, the rights shall expire 50 years from the date of the first such publication or the first such communication to the public, whichever is the earlier. The term ‘film’ shall designate a cinematographic or audiovisual work or moving images, whether or not accompanied by sound. 4. The rights of broadcasting organisations shall expire 50 years after the first transmission of a broadcast, whether this broadcast is transmitted by wire or over the air, including by cable or satellite. Article 4 Protection of previously unpublished works Any person who, after the expiry of copyright protection, for the first time lawfully publishes or lawfully communicates to the public a previously unpublished work, shall benefit from a protection equivalent to the economic rights of the author. The term of protection of such rights shall be 25 years from the time when the work was first lawfully published or lawfully communicated to the public. Article 5 Critical and scientific publications Member States may protect critical and scientific publications of works which have come into the public domain. The maximum term of protection of such rights shall be 30 years from the time when the publication was first lawfully published. Article 6 Protection of photographs Photographs which are original in the sense that they are the author's own intellectual creation shall be protected in accordance with Article 1. No other criteria shall be applied to determine their eligibility for protection. Member States may provide for the protection of other photographs. Article 7 Protection vis-à-vis third countries 1. Where the country of origin of a work, within the meaning of the Berne Convention, is a third country, and the author of the work is not a Community national, the term of protection granted by the Member States shall expire on the date of expiry of the protection granted in the country of origin of the work, but may not exceed the term laid down in Article 1. 2. The terms of protection laid down in Article 3 shall also apply in the case of rightholders who are not Community nationals, provided Member States grant them protection. However, without prejudice to the international obligations of the Member States, the term of protection granted by Member States shall expire no later than the date of expiry of the protection granted in the country of which the rightholder is a national and may not exceed the term laid down in Article 3. 3. Member States which, on 29 October 1993, in particular pursuant to their international obligations, granted a longer term of protection than that which would result from the provisions of paragraphs 1 and 2 may maintain this protection until the conclusion of international agreements on the term of protection of copyright or related rights. Article 8 Calculation of terms The terms laid down in this Directive shall be calculated from the first day of January of the year following the event which gives rise to them. Article 9 Moral rights This Directive shall be without prejudice to the provisions of the Member States regulating moral rights. Article 10 Application in time 1. Where a term of protection which is longer than the corresponding term provided for by this Directive was already running in a Member State on 1 July 1995, this Directive shall not have the effect of shortening that term of protection in that Member State. 2. The terms of protection provided for in this Directive shall apply to all works and subject matter which were protected in at least one Member State on the date referred to in paragraph 1, pursuant to national provisions on copyright or related rights, or which meet the criteria for protection under [Council Directive 92/100/EEC of 19 November 1992 on rental right and lending right and on certain rights related to copyright in the field of intellectual property] (5). 3. This Directive shall be without prejudice to any acts of exploitation performed before the date referred to in paragraph 1. Member States shall adopt the necessary provisions to protect in particular acquired rights of third parties. 4. Member States need not apply the provisions of Article 2(1) to cinematographic or audiovisual works created before 1 July 1994. Article 11 Notification and communication 1. Member States shall immediately notify the Commission of any governmental plan to grant new related rights, including the basic reasons for their introduction and the term of protection envisaged. 2. Member States shall communicate to the Commission the texts of the provisions of internal law which they adopt in the field governed by this Directive. Article 12 Repeal Directive 93/98/EEC is hereby repealed, without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law, as set out in Part B of Annex I, of the Directives, and their application. References made to the repealed Directive shall be construed as being made to this Directive and should be read in accordance with the correlation table in Annex II. Article 13 Entry into force This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. Article 14 Addressees This Directive is addressed to the Member States. Done at Strasbourg, the 12 December 2006. For the European Parliament The President J. BORRELL FONTELLES For the Council The President M. PEKKARINEN (1) Opinion of 26 October 2006 (not yet published in the Official Journal). (2) Opinion of the European Parliament of 12 October 2006 (not yet published in the Official Journal) and Council Decision of 30 November 2006. (3) OJ L 290, 24.11.1993, p. 9. Directive as amended by Directive 2001/29/EC of the European Parliament and of the Council (OJ L 167, 22.6.2001, p. 10). (4) See Annex I, Part A. (5) OJ L 346, 27.11.1992, p. 61. Directive as last amended by Directive 2001/29/EC. ANNEX I PART A Repealed Directive with its amendment Council Directive 93/98/EEC (OJ L 290, 24.11.1993, p. 9) Article 11(2) only Directive 2001/29/EC of the European Parliament and of the Council (OJ L 167, 22.6.2001, p. 10) PART B List of time-limits for transposition into national law and application (referred to in Article 12) Directive Time-limit for transposition Date of application 93/98/EEC 1 July 1995 (Articles 1 to 11) 19 November 1993 (Article 12) 1 July 1997 at the latest as regards Article 2(1) (Article 10(5)) 2001/29/EC 22 December 2002 ANNEX II Correlation Table Directive 93/98/EEC This Directive Articles 1 to 9 Article 10(1) to (4) Article 10(5) Article 11 Article 12 Article 13(1), first subparagraph Article 13(1), second subparagraph Article 13(1), third subparagraph Article 13(2) — — Article 14 — — Articles 1 to 9 Article 10(1) to (4) — — Article 11(1) — — Article 11(2) — Article 12 Article 13 Article 14 Annex I Annex II

Summary: Copyright and related rights: term of protection Copyright and related rights: term of protection SUMMARY OF: Directive 2006/116/EC on the term of protection of copyright and certain related rights WHAT IS THE AIM OF THE DIRECTIVE? It seeks to harmonise the term of protection of copyright* and certain related rights*. It codifies and repeals Directive 93/98/EEC which harmonised the term of protection of copyright and certain related rights. KEY POINTS The term of protection of copyright for a literary or artistic work is set at 70 years from: the death of the author of the work, or the death of the last surviving author in the case of a work of joint ownership; the date on which the work was lawfully made available to the public if it is anonymous or was produced under a pseudonym. The term of protection for a film or audiovisual work is set at 70 years after the death of the last survivor among the following: the principal director; the author of the screenplay; the author of the dialogue; and the composer of music specifically created for use in the film or audiovisual work. The directive was amended by Directive 2011/77/EU which extended the length of protection for music recordings. This was because performers often start their careers early, and the term of 50 years for fixations of performances, such as recordings, did not protect their performances for the full extent of their lifetime. Thus it extends the rights of performers and phonogram producers on music recordings from 50 to 70 years. Directive 2011/77/EU also harmonises the way of calculating the term of protection for songs, and other musical compositions with words, created by several authors. The term of protection expires 70 years after the death of the last person to survive (i.e. of the author of the lyrics or the composer of the music). Related rights The term of protection of related rights (film producers and broadcasting organisations) is 50 years. This is calculated on a case-by-case basis from the date of the performance, the publication or communication of its fixation. The term of protection of performers and phonogram producers was extended to 70 years by Directive 2011/77/EU. Calculating terms The term of protection begins simultaneously in all EU countries. It is calculated from 1 January of the year following the event giving rise to it. Protection of works originating in non-EU countries If the work originates in a non-EU country and the author is not an EU national, the protection granted in the EU ends at the final date of protection in the country of origin, but must not exceed the term set in the EU. Notification EU countries must communicate to the European Commission immediately any plans for new related rights. FROM WHEN DOES THE DIRECTIVE APPLY? It has applied since 16 January 2007. The Directive 2006/116/EC codifies and replaces Council Directive 93/98/EEC which had to become law in the EU countries by 1995. BACKGROUND For more information, see: EU copyright legislation (European Commission). KEY TERMS Copyright: protects the interests of creators by giving them property rights over their creations or works. Related rights: these protect the legal interests of persons and bodies who either:contribute to making works available to the public; orproduce subject matter which, although it does not qualify as ‘works’ under the copyright systems of all countries, expresses creativity or technical and organisational skill sufficient to justify recognition of a copyright-like property right. MAIN DOCUMENT Directive 2006/116/EC of the European Parliament and of the Council of 12 December 2006 on the term of protection of copyright and certain related rights (codified version) (OJ L 372, 27.12.2006, pp. 12-18) Successive amendments to Directive 2006/116/EC have been incorporated into the original text. This consolidated version is of documentary value only. last update 11.01.2019