Proposal for a Council Decision on the conclusion, on behalf of the European Union, of the Marrakesh Treaty to Facilitate Access to Published Works for Persons who are Blind, Visually Impaired, or Otherwise Print Disabled

People who are blind, visually impaired or otherwise unable to access printed material (‘print-disabled’) must have equal access to books and printed material in order to fully and effectively participate in society. The World Health Organisation estimates that 285 million people worldwide are visually impaired: 39 million are blind and 246 million have low vision. The World Blind Union reports that in Europe only 5% of published books are available in an accessible format for visually impaired persons, while in developing countries – where approximately 90% of visually impaired people live – this rate is as low as 1%.

Copies of books in accessible formats (‘accessible-format copies’) are now usually produced and distributed at national level by specialised organisations, for example libraries for the blind, under licences or under limitations or exceptions to copyright. However, the lack of an international legal framework allowing for the cross-border exchange of accessible formats produced under a limitation or exception leads to a duplication of effort in making these, even across countries sharing the same language. This is a problem due to the costs of producing accessible format copies and the limited resources available to organisations serving the blind.

Since January 2011 the European Union has been bound by the United Nations Convention on the Rights of Persons with Disabilities. This enshrines the right of access to information (Article 21) and the right of people with disabilities to participate in cultural life on an equal basis with others (Article 30). The Convention has become an integral part of the EU legal order. Twenty-five Member States are parties to the Convention and three countries are finalising ratification.

In 2009, negotiations began in the World Intellectual Property Organisation (WIPO) on a possible international treaty introducing limitations and exceptions to copyright for the benefit of people who are blind, visually impaired or otherwise print-disabled, with the objective of facilitating the cross-border exchange of books in accessible formats.

On 26 November 2012, the Council adopted a Decision authorising the Commission to participate in these negotiations, on behalf of the European Union. The WIPO negotiations were successfully concluded at the diplomatic conference held in Marrakesh between 17 and 28 June 2013. These led to the adoption of the Marrakesh Treaty to Facilitate Access to Published Works for Persons who are Blind, Visually Impaired, or otherwise Print Disabled (‘the Treaty’) on 27 June 2013.

The Treaty establishes a set of international rules which ensure that there are limitations or exceptions to copyright at national level for the benefit of people who are blind, visually impaired, or otherwise print-disabled and enable the cross-border exchange of accessible-format copies of published works that have been made under an exception or limitation to copyright in any of the Contracting Parties to the Treaty.

The Council authorised the signature of the Treaty on behalf of the European Union on 14 April 2014. With this proposal for a Council Decision, the Commission seeks authorisation from the Council, after obtaining the consent of the European Parliament, to conclude the Treaty, on behalf of the European Union.

• Primary Source

EUR-Lex: COM(2014)638: Follow the progress of this proposal through the decision-making procedure http://eur-lex.europa.eu/legal-content/EN/HIS/?uri=COM:2014:638:FIN

ESO: Background information: European Commission proposes ratification of Marrakesh Treaty to facilitate access to books for visually impaired persons http://www.europeansources.info/record/press-release-european-commission-proposes-ratification-of-marrakesh-treaty-to-facilitate-access-to-books-for-visually-impaired-persons/

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