Dáil Éireann Debate, Tuesday - 10 October 2023
158. Deputy Aengus Ó Snodaigh asked the Minister for Enterprise, Trade and Employment the reason Article 26 of the European Copyright Directive has not been transposed in full; to outline any plans she has to do so; and if he will make a statement on the matter. [43579/23]
View answerDirective (EU) 2019/790 was transposed into Irish law by way of the European Union (Copyright and Related Rights in the Digital Single Market) Regulations 2021, Statutory Instrument No. 567 of 2021. The Regulations were signed by the Minister for Enterprise, Trade and Employment on 12 November 2021 and are therefore applicable from that date.
Article 26 (Application in time) did not require a specific transposition. It stipulates that the Directive shall apply in respect of all works and other subject matter that are protected by national law in the field of copyright on or after 7 June 2021. It also stipulates that the Directive shall apply without prejudice to any acts concluded and rights acquired before 7 June 2021.
Notwithstanding the fact that Ireland was one of the first few Member States to complete the transposition process (the seventh member state to do so in November 2021), we did so after the application date of 7 June 2021 as stipulated in Article 26. At that time, the Covid-19 pandemic meant that legislative priority had to be directed towards the necessary interventions and supports for businesses and citizens. The drafting process has also had to have consideration of the EU Commission’s Communication Document on Guidance on Article 17, which was circulated three days before the transposition deadline in June 2021.
Following the publication of the Directive in 2019, the Department of Enterprise, Trade and Employment conducted a series of public consultations seeking the views of all stakeholders on the various provisions in the Directive to help to inform how the provisions should be applied in the context of Irish copyright legislation. In concluding its analysis of the Directive, and considering the breadth of views expressed by stakeholders, the Department decided to transpose the mandatory provisions of the Directive only. This was achieved by way of Regulations contained in secondary legislation i.e., by Statutory Instrument.
In addition, and in order to keep stakeholders informed of progress in relation to the transposition of the Directive, the Department of Enterprise, Trade and Employment, in May 2021, published an Information Note on the Copyright Directive which set out the actions taken to date and the decision to proceed with the transposition of the mandatory provisions by way of secondary legislation.
