Message 002
Communication from the Commission - TRIS/(2016) 03320
Directive (EU) 2015/1535
Translation of the message 001
Notification: 2016/0574/B
No abre el plazo - Nezahajuje odklady - Fristerne indledes ikke - Kein Fristbeginn - Viivituste perioodi ei avata - Καμμία έναρξη προθεσμίας - Does not open the delays - N'ouvre pas de délais - Non fa decorrere la mora - Neietekmē atlikšanu - Atidėjimai nepradedami - Nem nyitja meg a késéseket - Ma’ jiftaħx il-perijodi ta’ dawmien - Geen termijnbegin - Nie otwiera opóźnień - Não inicia o prazo - Neotvorí oneskorenia - Ne uvaja zamud - Määräaika ei ala tästä - Inleder ingen frist - Не се предвижда период на прекъсване - Nu deschide perioadele de stagnare - Nu deschide perioadele de stagnare.
(MSG: 201603320.EN)
1. MSG 002 IND 2016 0574 B EN 26-10-2016 B NOTIF
2. B
3A. SPF Economie, PME, Classes moyennes et Energie
Direction générale Qualité et Sécurité - Service Normalisation et Compétitivité - BELNotif
NG III – 2ème étage
Boulevard du Roi Albert II, 16
B - 1000 Bruxelles
Tel: 02/277.53.36
belspoc@economie.fgov.be
3B. Cabinet de Madame Alda GREOLI
Vice-Présidente du Gouvernement de la Communauté française
Ministre de la Culture et de l’Enfance
Place Surlet de Chokier, 15-17 à 1000 Bruxelles - Belgique
4. 2016/0574/B - SERV
5. Preliminary draft Decree on the cultural protection of books
6. product concerned: services
7. - Directive 2006/123/EC on services in the internal market
- Directive (EU) 2015/1535 Information Society services only
- fixed tariffs that providers must comply with
8. The purpose of the notified text is to establish, in the French Community, a cultural protection policy for books, aimed at supporting their creation and distribution.
It defines which players are authorised to determine the price of books, whether published on paper or as electronic versions, sold in the French Community (notably providing that all book publishers and importers must set prices for sale to the public).
It sets both upper and lower limits for price variations, as percentages, and their time frame (notably requiring importers to set a price for sale to the public that is no higher than that set for exploitation of the book on the territory of the State in which the book was published).
It determines the exclusions for certain categories of publications (periodicals, magazines, second-hand books, etc.) and the exceptions granted for the purchase of books by certain bodies (teaching establishments, public loan, prisons, hospitals, etc.).
9. The main objectives pursued by the notified text are to preserve multiple sales channels as well as diversity of creation, which is particularly indispensable to achieving freedom of expression and cultural diversity. To this end, the proposed measures are intended to contribute to putting an end to the anomalies characterising the French language book market on French Community territory, i.e. principally:
- the additional cost of imported books for the consumer;
- the imbalance between the development of traditional bookshops and the large-scale distribution operations that are eroding the diversity of the cultural range of books on offer, with the result that traditional bookshops are little represented in public contract procedures (public administrations, libraries, schools, etc.);
- the weakness of the competitive position of said traditional bookshops when it comes to competing with cross-border bookshops (especially French) and online commerce.
Thus, the proposed measures have been drafted in such a way as to be able to simultaneously:
- permit improvements in efficiency, especially qualitative, without eliminating competition, by creating a better balance between the development of traditional bookshops and large-scale distribution operations in order to improve the diversity of the cultural range of books on offer and strengthen the position of traditional bookshops in public contract procedures (public administrations, libraries, schools, etc.);
- allow consumers a fair share of the benefits, by ensuring that they can acquire books at prices no higher than those applicable in another Member State of the Union; this additional cost can be as high, for example, as 13 % to 15 % of the basic price of a book published in France;
- facilitate the free movement of books between the French Community and other Member States, thereby developing the book trade in general without eliminating competition, by strengthening the competitive position of traditional bookshops to enable them to face competition from cross-border bookshops.
10. Reference(s) to basic text(s): Special Law of 6 January 2014 on the Sixth State Reform.
11. No
12. -
13. No
14. No
15. -
16. TBT aspect
Yes
SPS aspect
No - the draft is neither a sanitary nor phytosanitary measure.
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European Commission
Contact point Directive (EU) 2015/1535
Fax: +32 229 98043
email: grow-dir83-189-central@ec.europa.eu
