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Thursday, 16 January 2014

Is a revision of AGCOM Copyright Regulation on the agenda? Commissioner Barnier speaks

Merpel usually prefers to have a kiss 
on her lips,
rather than comments
on AGCOM Regulation
Yesterday these Kats were delighted to make available in exclusive for this blog’s readers the mysterious letter that the EU Commission sent to the Italian Communication Authority (AGCOM), shortly before this adopted its Regulation on Online Copyright Enforcement [on which see here and here; unofficial English translation is available here].

Further to this Katscoop, the EU Commission’s [and Merpel’s] comments on the Regulation have been on everyone’s lips [here, here, here]

"Why has the letter remained unpublished for such a long time?", some people asked, while others wondered whether the final text of the Regulation complies with the points that the Commission raised in its letter, notably ensuring that the right of defence is duly safeguarded.
A few hours ago, Mr Michel Barnier, EU Commissioner for the Internal Market and Services, took position in relation to the letter exposed by IPKat these points. 
Looking forward to a new version
of AGCOM Regulation?
While answering a question of a journalist from ANSA (the Italian foremost press agency), Commissioner Barnier said that AGCOM Regulation “is compliant with the EU law framework”, although the Commission “actually has some questions and details to verify”. He concluded by saying that that the Commission “is working on these with the Italian authorities”.
Merpel thought that the Regulation AGCOM enacted on 12 December last was the final version, also considering that Article 18 of the Regulation itself states that amendments are possible, but only after its entry into force, ieon the basis of the experience that has resulted from its application, as well as technological development and market evolution”.
Hence, she innocently wonders whether Commissioner Barnier's statement means that the last word on AGCOM Regulation has not been spoken yet ... and AGCOM and the Commission are (already) working to revise the Regulation ... even before it enters into force [that should be on 31 March 2014]?

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