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Date: 13-Jun-2024 Category: Not Applicable State: Union Government Country: Europe

Decision of the EEA joint Committee No 332/2023 of 8 December 2023 amending Annex XVII (Intellectual property) to the EEA Agreement [2024/1422]

Issued by EEA Joint Committee · Not Applicable

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Executive Summary & Key Takeaways

What it means

  • The Decision of the EEA Joint Committee No 332/2023 amends Annex XVII (Intellectual property) to the EEA Agreement to incorporate Directive (EU) 2019/789.
  • Directive (EU) 2019/789 lays down rules on the exercise of copyright and related rights applicable to certain online transmissions of broadcasting organisations and retransmissions of television and radio programmes, and amends Council Directive 93/83/EEC.

Key Changes

  • Annex XVII to the EEA Agreement is amended to include Directive (EU) 2019/789.
  • Council Directive 93/83/EEC is amended by Directive (EU) 2019/789.
  • Specific adaptations are made to the text of Directive (EU) 2019/789 for the purposes of the EEA Agreement, particularly concerning the EFTA States.
  • Article 3(3) of the Directive: 'Union law' shall read 'the EEA Agreement'.
  • In Article 11, regarding EFTA States, the dates '7 June 2021' and '7 June 2023' are replaced with 'the date of entry into force of Decision of the EEA Joint Committee No 332/2023 of 8 December 2023' and 'two years after the date of entry into force of Decision of the EEA Joint Committee No 332/2023 of 8 December 2023', respectively.
  • In Article 11, regarding EFTA States, the date '7 June 2025' is replaced with 'four years after the date of entry into force of Decision of the EEA Joint Committee No 332/2023 of 8 December 2023'.
  • In Article 12(1), regarding EFTA States, the date '7 June 2021' is replaced with 'the date of entry into force of Decision of the EEA Joint Committee No 332/2023 of 8 December 2023'.
  • The Decision entered into force on 9 December 2023, provided that all notifications under Article 103(1) of the EEA Agreement have been made.

Impact Analysis

Broadcasting Organisations

  • Action Item: Legal departments of broadcasting organisations should review their current practices to ensure compliance with Directive (EU) 2019/789 as adapted for the EEA Agreement.

Retransmission Service Providers

  • Action Item: Service providers should assess their licensing agreements and technical infrastructure to align with the new requirements.

Copyright Holders

  • Action Item: Copyright holders should monitor the implementation of the Directive and ensure their rights are being properly enforced.

EFTA States

  • Action Item: EFTA states should ensure their national laws are updated to reflect the changes introduced by the Decision and the incorporated Directive.

Legal and Compliance Teams

  • Action Item: Conduct training sessions to educate relevant staff about the changes and their responsibilities.

Key Entities Referenced

EEA Joint Committee: The decision-making body responsible for amending the EEA Agreement. European Parliament: One of the legislative bodies of the European Union. Council of the European Union: Another legislative body of the European Union. Directive (EU) 2019/789: Directive laying down rules on the exercise of copyright and related rights applicable to certain online transmissions of broadcasting organisations and retransmissions of television and radio programmes. Council Directive 93/83/EEC: Council Directive on the coordination of certain rules concerning copyright and rights related to copyright applicable to satellite broadcasting and cable retransmission. EEA Agreement: Agreement on the European Economic Area. EFTA States: European Free Trade Association states including Iceland, Liechtenstein, Norway, and Switzerland.
Official Source Record View Original Source →
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Official Journal EN of the European Union L series 2024/1422 13.6.2024 DECISION OF THE EEA JOINT COMMITTEE No 332/2023 of 8 December 2023 amending Annex XVII (Intellectual property) to the EEA Agreement [2024/1422] THE EEA JOINT COMMITTEE, Having regard to the Agreement on the European Economic Area (“the EEA Agreement”), and in particular Article 98 thereof, Whereas: (1) Directive (EU) 2019/789 of the European Parliament and of the Council of 17 April 2019laying down rules on the exercise of copyright and related rights applicable to certain online transmissions of broadcasting organisations and retransmissions of television and radio programmes, and amending Council Directive 93/83/EEC(1) is to be incorporated into the EEA Agreement. (2) Annex XVII to the EEA Agreement should therefore be amended accordingly, HAS ADOPTED THIS DECISION: Article 1 Annex XVII to the EEA Agreement shall be amended as follows: 1. The following is added in point 8 (Council Directive 93/83/EEC): ‘, as amended by: — 32019 L 0789: Directive (EU) 2019/789 of the European Parliament and of the Council of 17 April 2019 (OJ L 130, 17.5.2019, p. 82).’ 2. The following point is inserted after point 15 (Directive (EU) 2017/1564 of the European Parliament and of the Council): ‘16. 32019 L 0789: Directive (EU) 2019/789 of the European Parliament and of the Council of 17 April 2019 laying down rules on the exercise of copyright and related rights applicable to certain online transmissions of broadcasting organisations and retransmissions of television and radio programmes, and amending Council Directive 93/83/EEC (OJ L 130, 17.5.2019, p. 82). The provisions of the Directive shall, for the purposes of this Agreement, be read with the following adaptations: (a) In Article 3(3) the words “Union law” shall read “the EEA Agreement”. (b) In the first paragraph of Article 11, as regards the EFTA States, the words “7 June 2021” and “7 June 2023” shall read “the date of entry into force of Decision of the EEA Joint Committee No 332/2023 of 8 December 2023” and “two years after the date of entry into force of Decision of the EEA Joint Committee No 332/2023 of 8 December 2023”, respectively. (c) In the second paragraph of Article 11, as regards the EFTA States, the words “7 June 2021” and “7 June 2025” shall read “the date of entry into force of Decision of the EEA Joint Committee No 332/2023 of 8 December 2023” and “four years after the date of entry into force of Decision of the EEA Joint Committee No 332/2023 of 8 December 2023”, respectively. (d) In Article 12(1), as regards the EFTA States, the words “7 June 2021” shall read “the date of entry into force of Decision of the EEA Joint Committee No 332/2023 of 8 December 2023”.’ (1) OJ L 130, 17.5.2019, p. 82. ELI: http://data.europa.eu/eli/dec/2024/1422/oj 1/2EN OJ L, 13.6.2024 Article 2 The text of Directive (EU) 2019/789 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic. Article 3 This Decision shall enter into force on 9 December 2023, provided that all the notifications under Article 103(1) of the EEA Agreement have been made(*). Article 4 This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union. Done at Brussels, 8 December 2023. For the EEA Joint Committee The President Pascal SCHAFHAUSER (*) Constitutional requirements indicated. 2/2 ELI: http://data.europa.eu/eli/dec/2024/1422/oj

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