Answer given by Mr Breton on behalf of the European Commission
11.1.2022
The Commission takes this matter very seriously[1] and is working to address the implications of the ruling in Case C-265/19.
Firstly, the Commission launched a procurement procedure for a study in July 2021. However, the first call for tenders had to be cancelled due to the lack of offers.
The Commission is relaunching the procedure through a different framework contract aiming to select a contractor in the shortest delay allowed by the applicable public procurement rules.
Once all the administrative steps are completed and the contract signed, the selected contractor could start working on the study in January 2022.
Secondly, to compensate for the delayed launch of the study, the Commission has promoted an extensive information-gathering exercise with the Member States in the Working Party on Intellectual Property (Copyright).
Member States have been asked to provide substantial input about the relevant national laws, the current practices regarding the remuneration of music performers and producers, and the potential impacts of the judgment. This information-gathering exercise with Member States is still ongoing.
The evidence-gathering activities mentioned above are essential for the Commission to determine whether intervention at the EU level may be needed, including whether it may decide, on the basis of its right of initiative, to propose any change to the EU legal framework as interpreted by the Court of Justice in the judgment in Case C-265/19.
The Commission is required to carry out sound and evidence-based policymaking in accordance with the ‘Better Regulation’ rules[2]. Accordingly, the Commission cannot be considered liable for any failure to take action.