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

Decision of the EEA Joint Committee No 333/2023 of 8 December 2023 amending Annex XVII (Intellectual property) to the EEA Agreement [2024/1465]

Issued by EEA Joint Committee · Not Applicable

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Executive Summary & Key Takeaways

Key Changes

  • Article 15(4) of Directive (EU) 2019/790 is adapted for EFTA States, changing the reference date of '6 June 2019' to 'two years and one day prior to the date of entry into force of Decision of the EEA Joint Committee No 333/2023 of 8 December 2023'.
  • Article 17(9) of Directive (EU) 2019/790 is adapted to replace “Union law” with “the EEA Agreement”.
  • Article 27 of Directive (EU) 2019/790 is adapted for EFTA States, changing the deadline of '7 June 2022' to 'one year after the date of entry into force of Decision of the EEA Joint Committee No 333/2023 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.
  • Directive (EU) 2019/790 is incorporated into Annex XVII of the EEA Agreement.
  • Amendments are made to points 9a and 9e of Annex XVII, referencing Directive (EU) 2019/790.
  • A new point 9i is inserted into Annex XVII, fully incorporating Directive (EU) 2019/790 with specific adaptations for the EFTA States.
  • Article 12(4) of Directive (EU) 2019/790 is adapted to replace “provisions of Union law” with “provisions of the EEA Agreement”.
  • Articles 13(2), 26 and 29(1) of Directive (EU) 2019/790 are adapted for EFTA States, changing the deadline of '7 June 2021' to 'the date of entry into force of Decision of the EEA Joint Committee No 333/2023 of 8 December 2023'.

What it means

  • Decision of the EEA Joint Committee No 333/2023 amends Annex XVII (Intellectual property) to the EEA Agreement to incorporate Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market.

Impact Analysis

Copyright Holders and Related Rights Owners

  • Action Items: Review existing licensing agreements and digital content distribution strategies to ensure compliance with Directive (EU) 2019/790 as implemented in the EEA Agreement.

Digital Platforms and Service Providers

  • Action Items: Implement mechanisms for content filtering and copyright enforcement, taking into account the specific adaptations for EFTA states regarding deadlines and legal references.

EFTA States (Iceland, Liechtenstein, Norway, Switzerland)

  • Action Items: Ensure national legislation is updated to reflect the incorporated Directive (EU) 2019/790, paying close attention to the adapted deadlines and legal references. Communicate these changes to relevant stakeholders.

Consumers

  • Action Items: Be aware of changes in copyright rules and digital content access policies.

Legal Professionals

  • Action Items: Study the Decision and the incorporated Directive, focusing on the adaptations for EFTA states, to provide accurate legal advice.

Key Entities Referenced

EEA Joint Committee: The body responsible for amending the EEA Agreement. Directive (EU) 2019/790: Directive of the European Parliament and of the Council on copyright and related rights in the Digital Single Market. EEA Agreement: Agreement on the European Economic Area. EFTA States: European Free Trade Association states (Iceland, Liechtenstein, Norway, Switzerland) Directive 96/9/EC: Directive on the legal protection of databases. Directive 2001/29/EC: Directive on the harmonisation of certain aspects of copyright and related rights in the information society.
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Official Journal EN of the European Union L series 2024/1465 13.6.2024 DECISION OF THE EEA JOINT COMMITTEE No 333/2023 of 8 December 2023 amending Annex XVII (Intellectual property) to the EEA Agreement [2024/1465] 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) 2019/790 of the European Parliament and of the Council of 17 April 2019on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC(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 9a (Directive 96/9/EC of the European Parliament and of the Council): ‘, as amended by: — 32019 L 0790: Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 (OJ L 130, 17.5.2019, p. 92).’ 2. The following indent is added in point 9e (Directive 2001/29/EC of the European Parliament and of the Council): ‘— 32019 L 0790: Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 (OJ L 130, 17.5.2019, p. 92).’ 3. The following is inserted after point 9h (deleted): ‘9i. 32019 L 0790: Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC (OJ L 130, 17.5.2019, p. 92). The provisions of the Directive shall, for the purposes of this Agreement, be read with the following adaptations: (a) In Article 12(4), the words “provisions of Union law” shall read “provisions of the EEA Agreement”. (b) In Article 13(2), 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 333/2023 of 8 December 2023”. (c) In Articles 15(2) and 17(9), the words “Union law” shall read “the EEA Agreement”. (d) In Article 15(4), as regards the EFTA States, the words “6 June 2019” shall read “two years and one day prior to the date of entry into force of Decision of the EEA Joint Committee No 333/2023 of 8 December 2023”. (1) OJ L 130, 17.5.2019, p. 92. ELI: http://data.europa.eu/eli/dec/2024/1465/oj 1/2EN OJ L, 13.6.2024 (e) In Article 26, 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 333/2023 of 8 December 2023”. (f) In Article 27, as regards the EFTA States, the words “7 June 2022” shall read “one year after the date of entry into force of Decision of the EEA Joint Committee No 333/2023 of 8 December 2023”. (g) In Article 29(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 333/2023 of 8 December 2023”.’ Article 2 The text of Directive (EU) 2019/790 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/2024/1465/oj

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