Nedan följer hela texten för säkerhets skull.

—–

European Union

MEMO/08/607

Brussels, 7 October 2008

Commission position on President Sarkozy’s letter on Amendment 138 adopted by the European Parliament in plenary vote on 24 September

The Commission takes note of the letter received by President Sarkozy last Friday asking the Commission to reject Amendment 138 adopted by the plenary of the European Parliament on 24 September in its vote on the EU Telecoms Package.

The amendment referred to by President Sarkozy was initiated by several Members of the European Parliament. It was amended orally right before the final vote in order to secure a broad cross-party majority.

The amendment, in its version adopted by the plenary of the European Parliament, requires telecoms regulators to apply the principle:

”that no restriction may be imposed on the fundamental rights and freedoms of end-users, without a prior ruling by the judicial authorities, notably in accordance with Article 11 of the Charter of Fundamental Rights of the European Union on freedom of expression and information, save when public security is threatened where the ruling may be subsequent.”

This version of the amendment was adopted by the European Parliament in an open vote with a large majority of 573 votes in favour and 74 votes against.

The European Commission respects this democratic decision of the European Parliament.

In the Commission’s view, this amendment is an important restatement of key legal principles inherent in the legal order of the European Union, especially of citizens’ fundamental rights. The language of the amendment is deliberately drafted in order to leave Member States scope for reaching a fair balance between several fundamental rights, namely the right for the respect of private life, the right for property and effective remedies, and the right of freedom of information and expression. The Commission can therefore accept the amendment proposed by the European Parliament.

The Commission understands that this issue is of high political importance in the domestic debate in France, where legislation is in preparation proposing the establishment of a new national Internet authority that could have a role in monitoring, and possibly restricting, internet traffic of French citizens in order to combat violations of intellectual property rights. The European Commission invites the French government to discuss its views on Amendment 138 with ministers of the other 26 Member States. As the EU Telecoms Package is decided under the co-decision procedure, agreement of Parliament and Council is required before an amendment can become law.

The Commission stands ready to act as facilitator in this debate, once the Council has also decided on its view on the matter.

—–

Mr President,

I wish to draw your attention to three important news files on the rights of creators, one of which relates to the third and Telecoms Package requires a rapid and forceful response.
First, I want to confirm the full support of authorities French to the Commission legislative proposal aimed at extending the duration of rights of performers – being harmonized to fifty years – in order to
ensure their protection throughout their life cycle. It is also rightly that this proposal includes the duration of the rights of producers: diversity cultural implies that they can make the investments they
consent for new artists. Regarding envisaged, the seeking balance reflected in the Commission proposal must be hailed it important to protect performers while preserving health
Economic their partners.

The success of the Commission’s initiative is all the more necessary as the music channel in France in the European Union, is very fragile by the massive piracy of works on new communications networks, then
it must finance its transition to a new economic model fully tune with the digital. I also hope you confirm solemnly the full support of France the draft recommendation of the Commission on ”creative content in
line. ” This is particularly pleased because the distribution of films digital networks is an urgent obligation. The development of an offer Legal attractive on the Internet and the fight against piracy of works – one can not exist without the other – require the mobilization of institutions and Governments of Member States. The Commission’s draft may be a étape importante de cette mobilisation. His interest has been stressed
during the symposium of the French presidency on ”creative content online, held last month in Paris.
Above all, I am delighted that the French approach to fight against piracy, based on pedagogy and deterrence rather than judicial punishment, causing increasing membership in other Member States. However, it is crucial that the Commission to be very vigilant to the threats that manifest themselves in Parliament European at the third vote on the package telecom. ” It is particularly essential that the amendment No. 138 adopted by the European Parliament to be rejected by the Commission. This amendment seeks to exclude the possibility for Member States implement a smart strategy of deterrence against piracy. To avoid the amendment, I seek your personal commitment and that of Commissioner charge of the case, who knows the situation especially since creators was present again this year to defend them at your side, at the Cannes Film Festival.

I would, finally, that the Commission can quickly consider the application and effect of law, pursuant to Article 11 of Directive 2001/84/EC of 27 September 2001. You know, this Sampling is unknown places extra large community like New York, Hong Kong or Geneva. It would be particularly appropriate that the Commission, during the preparation of the report provided by the directive, focuses particularly on the question of the competitiveness of modern art and Contemporary in the European Union, both vis-à-vis non-European that do not have the right to continued between Member States, since some of
they have chosen to apply the resale right on the sales of works of living artists. It is important again to find a balance between the rights of artists, to be protected, and the economic health of different art markets European, it is encouraged.

I ask you, Mr. President, receive the assurances of my highest
consideration.

Nicolas SARKOZY

Google-svenska:
http://translate.google.com/translate?u=http%3A%2F%2Fwww.ecrans.fr%2FIMG%2Fpdf%2FLettre_Barroso.pdf&hl=sv&ie=UTF-8&sl=fr&tl=sv

Svaret var felaktig länk..