BIEM and the European Commission
BIEM’s essential role is to obtain through negotiation, the best remuneration for the rightsholders. In this respect, BIEM negotiates the Standard Contract with the International Federation of the Phonographic Industry (IFPI) and organizes the network of societies. This network allows each member society to grant users a licence which may cover works from the whole range of the repertoire represented by the BIEM societies.
BIEM is also a forum where societies representing mechanical rights discuss any issue regarding the remuneration of their members. At the same time, BIEM is required to comply with the law of the European Union and in this respect, articles 101 and 102 of the Treaty on the Functioning of the European Union (formerly articles 81 and 82 of the Rome Treaty).
BIEM has been in contact with the European Commission (EC) for a long time through the exchange of letters or notification processes to ascertain that the terms and conditions of the BIEM Standard Contract do not raise any objection from the EC.
Details on BIEM’s relationships with the EC can be found below.
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|
Date |
Submitted by |
Response/Request from the EC |
|
|---|---|---|---|---|
|
STANDARD CONTRACT
|
Amend. # 6
|
21/08/1996 |
BIEM |
31 July 1997: Request for information 5 Nov. 1998: File closed (Amendment 7 replaces Amendment 6) |
|
Amend. # 7
|
06/07/1998 |
IFPI (Exchange of letters) |
17 August 1998: Request for information |
|
|
|
23/07/1998 |
BIEM send the text of the Amendment 7 |
16 June 2000: Request for information on the status of the BIEM-IFPI negotiations |
|
|
Amend. # 8
|
04/12/2013 |
BIEM (sends the text of the Amendment & emphasizes the normalisation of BIEM relationships with IFPI & Universal) |
22 Jan 2014: EC confirmed the administrative closure of the case (COMP/AT 38440) |
|
|
STATUTES
|
|
24/02/1998 |
BIEM | |
| MoU ANTI-PIRACY |
|
12/10/1999 |
BIEM & IFPI |
|
|
BARCELONA Agreement
|
|
28/02/ 2002 |
BIEM On 4 July 2003, a letter was sent to the Commission with a note concerning the societies’ analysis of the IFPI Simulcasting decision and a synthetic economical appraisal on competition between societies (NERA) |
10 May 2004: Letter informing that the Commission continues its investigations |
European Commission request for information on reciprocal agreement dated 20 December 2004
2004_EC Request For Information
BIEM response to the European Commission dated 26 January 2005
2005_BIEM Response to the European Commission
BIEM/EC Exchange of correspondances on the Reciprocal Representation Contract between 1970 and 1984
From August 1970 to September 1983
Country of destination Principle (Note for the European Commission - 29/09/2006)
On the 31st of May 2002, Universal Music International Limited lodged a complaint against BIEM and the member societies with the Competition Directorate General of the European Commission. The intent of the complaint was to reduce the payments Universal was required to make to authors and composers. The accompanying documents contain the original complaint by Universal, the first BIEM response, a follow-up submission by Universal, BIEMs second response and two updates on the situation and the various enclosures and attachments
UNIVERSAL COMPLAINT - May 2002
ENCLOSURE to the UNIVERSAL COMPLAINT
Download document
INTRODUCTION to the BIEM RESPONSE - September 2002
Download document
BIEM RESPONSE - September 2002
Download document
ENCLOSURE to the BIEM RESPONSE - September 2002
Download document
UNIVERSAL SECOND SUBMISSION - March 2003
- Part A - Download document
- Part B - Download document
- Part C - Download document
BIEM REJOINDER - November 2003
Download document
STATE OF PLAY - May 2005
Update on MAIN DEVELOPMENTS - February 2010