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S.I. No. 156/2016 - European Union (Collective Rights Management) (Directive 2014/26/EU) Regulations 2016

Type Statutory Instrument

Publication 2016-04-12

Last updated 2016-12-23

State In force superseded text

Text As published

Source Irish Statute Book

articles 36

This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.

1 amending act · 2016-12-23, S.I. No. 616/2016 - European Union (Collective Rights Management) (Directive 2014/26/EU) …

Reform history JSON API

(10) If the person brings an appeal which is unsuccessful, the decision shall take effect when the appeal is finally determined.

(11) A notice that is required to be served on a person under this Regulation shall be addressed to the person by name and may be so served in any of the following ways:

(a) by delivering it to the person;

(b) by leaving it at the address at which the person ordinarily resides or, in a case in which an address for service has been furnished to the Controller, at that address;

(c) by sending it by post in a pre-paid registered letter to the address at which the person ordinarily resides or, in a case in which an address for service has been furnished to the Controller, to that address.

(12) For the purposes of this Regulation, a company with a registered office shall be regarded as ordinarily residing at its registered office and every other body corporate and every unincorporated body of persons shall be regarded as ordinarily residing at its principal office or place of business.

Exchange of information between competent authorities

36.

(1) The Controller shall respond without undue delay to a request for information received from a competent authority of another Member State, designated for the monitoring of the application of the Directive, concerning matters relevant to the application of the Directive, in particular with regard to the activities of collective management organisations established in the State, provided that the request is duly justified.

(2) Where the competent authority of another Member State—

(a) considers that a collective management organisation established in the State but acting within the other Member State may not be complying with these Regulations, and

(b) transmits all relevant information to the Controller, accompanied where appropriate by a request to the Controller to take appropriate action,

the Controller shall provide a reasoned reply to that competent authority within three months.

(3) Where the Controller considers that a collective management organisation established in another Member State but acting within the State may not be complying with the provisions of the law of that Member State adopted pursuant to the requirements of the Directive, the Controller may transmit all relevant information to the competent authority of the Member State in which the collective management organisation is established, accompanied where appropriate by a request to that authority to take appropriate action within its competence.

(4) Matters referred to in paragraph (3) may also be referred by the Controller when making such a request to the expert group established in accordance with Article 41 of the Directive.

SCHEDULE Information to be provided in annual transparency report

Part 1 General

Financial statements comprising a balance-sheet or a statement of assets and liabilities, an income and expenditure account for the financial year and a cash-flow statement.

A report on the activities in the financial year.

Information on refusals to grant a licence pursuant to Regulation 14(9).

A description of the legal and governance structure of the collective management organisation.

Information on any persons directly or indirectly owned or controlled, wholly or in part, by the collective management organisation.

Information on the total amount of remuneration paid to the persons who exercise the supervisory function, or manage the business, of the collective management organisation in the previous year, and on other benefits granted to them.

Part 2 Financial information

Financial information on rights revenue, for each category of rights managed and for each type of use (e.g. broadcasting, online, public performance), including information on the income arising from the investment of rights revenue and the use of such income (whether it is distributed to rightholders or paid to other collective management organisations, or otherwise used).

Financial information on the cost of rights management and other services provided by the collective management organisation to rightholders, with a comprehensive description of at least the following:

(a) all operating and financial costs, with a breakdown for each category of rights managed and, where costs are indirect and cannot be attributed to one or more categories of rights, an explanation of the method used to allocate such indirect costs;

(b) operating and financial costs, with a breakdown for each category of rights managed and, where costs are indirect and cannot be attributed to one or more categories of rights, an explanation of the method used to allocate such indirect costs, only with regard to the management of rights, including management fees deducted from or offset against rights revenue or any income arising from the investment of rights revenue in accordance with Regulations 9(4) and 10(1), (2) and (3);

(c) operating and financial costs with regard to services other than the management of rights, but including social, cultural and educational services;

(d) resources used to cover costs;

(e) deductions made from rights revenues, with a breakdown for each category of rights managed and for each type of use and the purpose of the deductions, such as costs relating to the management of rights or to social, cultural or educational services;

(f) the percentages of the rights revenue in the relevant financial year, for each category of rights managed, that the costs of the rights management and other services provided by the collective management organisation to rightholders represent and, where costs are indirect and cannot be attributed to one or more categories of rights, an explanation of the method used to allocate such indirect costs.

Financial information on amounts due to rightholders, with a comprehensive description of at least the following:

(a) the total amount attributed to rightholders, with a breakdown for each category of rights managed and for each type of use;

(b) the total amount distributed to rightholders, with a breakdown for each category of rights managed and for each type of use;

(d) the total amount collected but not yet attributed to rightholders, with a breakdown for each category of rights managed for each type of use, and indicating the financial year in which those amounts were collected;

(e) the total amount attributed to but not yet distributed to rightholders, with a breakdown for each category of rights managed and for each type of use, and indicating the financial year in which those amounts were collected;

(f) where the collective management organisation has not carried out distribution before the end of the period specified in Regulation 11(2), the reasons for the delay;

(g) the total non-distributable amounts, along with an explanation of the use to which those amounts have been put.

10.

Information on relationships with other collective management organisations, with a description of at least the following:

(a) amounts received from other collective management organisations and amounts paid to other collective management organisations, with a breakdown for each category of rights, for each type of use and for each collective management organisation;

(b) management fees and other deductions from the rights revenue due to other collective management organisations, with a breakdown for each category of rights, for each type of use and for each collective management organisation;

(c) management fees and other deductions from the amounts paid by other collective management organisations, with a breakdown for each category of rights and for each collective management organisation;

(d) amounts distributed directly to rightholders originating from other collective management organisations, with a breakdown for each category of rights and for each collective management organisation.

Part 3 Information for special report

11.

The amounts deducted for the purposes of social, cultural and educational services in the financial year, with a breakdown for each type of purpose and, for each type of purpose, a breakdown for each category of rights managed and each type of use.

12.

An explanation of the use of those amounts, with a breakdown for each type of purpose including the costs of managing amounts deducted to fund social, cultural and educational services and of the separate amounts used for social, cultural and educational services.

GIVEN under the Official Seal of the Minister for Jobs, Enterprise and Innovation,

8 April 2016.

RICHARD BRUTON,

Minister for Jobs, Enterprise and Innovation.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations, made pursuant to the European Communities Act 1972 , transpose Directive 2014/26/EU of the European Parliament and of the Council of 26 February 2014. The Regulations impose governance requirements on collective management organisations established in the state and, separately, allow them to undertake licensing on a multi-territorial basis throughout the European Union.

Footnotes

OJ No. L84, 20.3.2014, p. 72.

OJ No. L167,22.7.2001, p. 10.

OJ No. L157, 9.6.2006, p. 87.

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