Written question to the European Commission

Appropriate and proportionate remuneration for the use of an author’s creative work is a cornerstone of the EU authors’ rights regime, as reflected in Article 18 of the Copyright in the Digital Single Market Directive.

This principle is being seriously challenged by the coercive market practices of non-EU-based video-on-demand platforms that impose so-called work-for-hire or buy-out contracts on songwriters and composers.

Such contracts, which are often subject to US law and jurisdiction, typically offer a one-off upfront payment that barely covers the actual creation and production costs of the work, let alone provides remuneration for its use. In most cases, the payment is presented as a ‘take it or leave it’ condition for being on a project.

Given that the French presidency of the Council of the European Union has taken the initiative to put this issue on the agenda of the Council Working Party on Intellectual Property for further discussion, what concrete action does the Commission plan to take in this area?

Answer given by Commissioner Breton on behalf of the European Commission

The Commission is following closely the discussions initiated by the French Presidency of the Council of the EU on the effectiveness of the EU copyright legislative framework, aimed at mapping the practices of global platforms and the measures taken at national level.

The Commission is also closely monitoring the implementation of Directive (EU) 2019/790 on copyright in the digital single market (the DSM Copyright Directive) in the Member States, including the new rules on the remuneration of creators.

As indicated in Recital 73 of the DSM Copyright Directive, Member States can transpose the principle of appropriate and proportionate remuneration throught different mechanisms as long as these are compliant with EC law.

Whether work-for-hire or buy-out contracts ensure appropriate and proportionate remuneration under Article 18 has to be assessed on a case-by-case basis.

Recital 81 indicates that the parties’ choice of applicable law other than that of a Member State does not prejudice the application of the provisions regarding transparency, contract adjustment mechanisms and alternative dispute resolution procedures laid down in the directive, which are of a mandatory nature.

The Commission will continue discussing this matter with interested parties in the context of the implementation of the DSM Copyright Directive, taking into account the outcome of the discussions in the Copyright Council Working Party.

Written question to the European Commission

The EU and its Member States are right in providing work permits to Ukrainian refugees. However, it would be in the best interests of both the refugees and their host countries if they could continue to work in the professions they are qualified for, rather than contributing to a workforce below their qualification level.

1. What advice will the Commission and Member States provide to refugees with a view to having their qualifications recognised, even if only temporarily?

2. Given that it would take too long to amend Directive 2005/36/EC on the recognition of professional qualifications, what can the Commission do, ideally in close cooperation with the European Parliament, to assist refugees in having their qualifications recognised as soon as possible?

3. How does the Convention on the Recognition of Qualifications concerning Higher Education in the European Region help Ukrainians to make use of their skills? What is the European Centre for the Development of Vocational Training doing to help Ukrainian refugees?

Written question to the European Council

While the EU claims to ensure equal opportunities and treatment in matters of employment, it still allows unpaid traineeships within its institutions. Unpaid traineeships still exist at the European Council and some other EU bodies. Even if undertaken as a part of a degree requirement, these traineeships favour middle- and upper-class young people who can pay their own expenses, which discriminates against those who cannot afford to do so. The support provided, a EUR 125 restaurant card per month, should not be considered remuneration.

Unpaid traineeships are being campaigned against in Member States and the European Parliament has already banned them. Parliament has also called for a reinforcement of the Youth Guarantee and has proposed the creation of a legal instrument to ensure fair remuneration for all traineeships, internships, and apprenticeships. More generally, taking into account the crisis that the pandemic has created for youth employment, action should be taken to prohibit all unpaid traineeships in EU institutions and the Member States. It is up to the EU to lead by example and ban this kind of practice.

Can the European Council therefore answer:

1. Are efforts being made to prohibit unpaid traineeships in the European Council? If not, why?

2. How does the European Council currently ensure good living standards for its unpaid trainees?

Answer given by the European Council

It is not for the Council to comment on the traineeship conditions in the European Council, as the European Council is a separate institution. Notwithstanding the above, it can be noted that there are no unpaid traineeships in the European Council.

Written question to the European Commission

Guaranteeing freedom of religion and the right to preserve cultural traditions is at the core of the protection of minority rights, one of the fundamental values of the European Union. Earlier this year, these rights and freedoms in Italy were restricted by the seizure and sealing of church bells in the parish church of Saint Urh in Dolina, near Trieste, an area inhabited by an autochthonous Slovenian national community which is protected by bilateral treaties between Slovenia (formerly Yugoslavia) and Italy, as well as by Italian domestic law (the 2001 Protection Act). The Italian authorities seized the bells on the basis of a complaint by six newly-arrived villagers, who said that the bells in the Dolina church, which performs rituals and customs in accordance with centuries-old Slovenian and Christian traditions, disrupt their rest and work.

By seizing these bells, the Italian national authorities not only disrupted long-standing traditions and the culture and customs of the area, but, by taking disproportionate action, jeopardised the hard-won coexistence between the people and national communities living here.

In this context, can the Commission tell us whether it is aware of the seizure of the bells from Saint Urh Church in Dolina, near Trieste, and how it will seek to remedy this disproportionate interference with religious freedom and cultural traditions in the area inhabited by the autochthonous Slovenian national community in Italy.

Answer given by Commissioner Reynders on behalf of the European Commission

The Commission does not have information on the facts mentioned by the Honorable Member.

The respect for the rights of persons belonging to minorities is explicitly mentioned in Article 2 of the Treaty on European Union. Freedom of religion is protected under Article 10 of the Charter of Fundamental Rights of the EU and Article 21 of the EU Charter explicitly also prohibits any discrimination on grounds of ethnic or social origin, language or membership of a national minority.

The Commission is committed to ensuring its respect within the remit of its competences. A ccording to its Article 51, the provisions of the Charter are addressed to Member States only when they are implementing European Union law.

In the present case, and on the basis of the information provided by the Honourable Members, it is thus for Italian authorities, including the judiciary, to ensure that their obligations regarding fundamental rights — as resulting from international agreements and from their internal legislation — are respected.

Within the Council of Europe system, the European Convention on Human Rights (ECHR) and the framework Convention for the Protection of National Minorities (1995), ratified by Italy, aim to ensure that the signatory states respect the rights of national minorities Anyone who considers that his or her rights or freedoms guaranteed by the ECHR have been violated may lodge a complaint with the European Court of Human Rights .

Written question to the European Commission

The Commission intends to present its proposal to restrict intentionally added microplastics to the Member States at the April meeting of the Committee established under the Regulation concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals. The delay of almost one-year in presenting the proposal means that microplastics have continued to be released into the environment, which is not in line with the Commission’s pledge to end microplastic pollution.

1. Will the Commission ambitiously address all the key issues referenced in the European Chemicals Agency’s opinion in its proposal, specifically with regard to nanoplastics, solubles, biodegradables and infill in sport pitches?

2. Will its proposal take into account the ongoing delay, which has de facto prolonged the use of microplastics, in order to tip the balance in favour of ambitious measures on the key aspects of the proposal?

Answer given by Commissioner Breton on behalf of the European Commission

The fight against microplastics is a long-standing priority of the Commission and a key flagship of the European Green Deal. The proposed restriction on intentionally-added microplastics is the largest restriction under the regulation on Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) to date, both in terms of scope and expected impacts.

The Commission has carefully analysed the opinions of the Committee for Risk Assessment (RAC) and the Committee for Socio-Economic Analysis (SEAC) and worked intensively to produce a first draft of the restriction proposal.

It will launch internal consultations in the coming weeks to finalise the draft restriction proposal, in view of discussions with Member States and future REACH Committee discussions.

The draft restriction proposal is expected to include a definition of microplastics for the purpose of the restriction, based on size, solubility and biodegradability, among other criteria. It will also include provisions to regulate microplastics-based infill materials for artificial sport pitches.

If a ban on the placing on the market is proposed for certain products, the draft proposal may provide for transitional periods before the ban applies.

Transitional periods are not conceived to take into account potential delays, but to give stakeholders, including Member States, municipalities and civil society, sufficient time to adapt to the newly adopted rules, develop suitable alternatives and substitute microplastics.

Written question to the European Commission

It seems that only 14 Member States have included culture in their national recovery and resilience plans. Furthermore, the goal to earmark at least 2 % of the Recovery and Resilience Facility budget for culture, which the European Parliament demanded in its resolution of 17 September 2020 on the cultural recovery of Europe, and which was supported by the cultural and creative sectors, has apparently only been achieved at EU level on average.

1. What measures is the Commission planning to introduce in order to stop the heterogeneity of public investments in culture leading to recovery at different speeds across the EU, causing increased disparities within the EU’s cultural ecosystem and threatening its cultural diversity?

2. Will the Commission provide more detailed numbers on the 2 % of the budget that was apparently earmarked for culture, in particular specifying which investments directly benefit the creation of cultural works as opposed to indirect investments, such as investments in tourism or in improving the energy efficiency of cultural buildings?

Answer given by Commissioner Gentiloni on behalf of the European Commission

The Commission refers to its answers to Parliamentary Questions 2915/2021, 1336/2021 and 4579/2021. While the regulation of the Recovery and Resilience Facility (RRF) does not contain a 2% allocation target for culture, Member States can use the RRF funds to support the cultural and creative sectors.

While the ultimate decision on which reforms and investments to include in the national recovery and resilience plans (RRPs) lies with the Member States, the Commission’s encouragements to include measures directly and indirectly supporting culture and creative sectors in their RRPs were followed in most cases.

Cultural and creative sectors and industries (CCSIs) will benefit to a large extent from the RRF directly, with targeted measures included in 16 national RRPs out of the 22 already endorsed.

They will also benefit from horizontal measures that will be open to CCSI professionals and companies and which will increase demand for their services (e.g. support for the digitalisation of small and medium-sized enterprises or digital skills trainings of workers).

The horizontal measures supporting green and digital transition will help achieve the modernisation and future resilience of the CCSIs.

Various funding streams have been mobilised for the benefit of the sectors covering the period 2021-2027, such as Creative Europe, Horizon Europe, and REACT-EU. Information on the EU funding opportunities for the cultural and creative sectors are available through the CulturEU tool.

The RRF is a performance-based instrument for which the disbursement of funds depends on the achievement of agreed milestones and targets, not on the actual cost of specific measures.

The Recovery and Resilience Scoreboard provides aggregated data on the measures set out by Member States per pillar and policy area.

Written question to the Vice-President of the Commission and High Representative of the Union for Foreign Affairs and Security Policy

The UN Open-Ended Working Group on Ageing (OEWG) for the purpose of strengthening the protection of the human rights of older persons, will be meeting in April 2022. The group was created to develop proposals for a new international instrument to protect the human rights of older citizens, and in its research, has identified gaps in areas such as equality and non-discrimination and access to the labour market.

The EU has made steps to incorporate the rights of older people into its agenda, including through its action plan on human rights and democracy and the recent Council conclusions. The Commission also recently published its Green Paper on ageing, while Parliament last year adopted a resolution entitled ‘An old continent growing older’, concerning this issue.

Ahead of the April OEWG meeting:

1. Is the EU taking a leading role in these discussions through written input or planning high-level participation in the next OEWG?

2. What measures have been taken to promote a regular discussion on the rights of older people and the need for additional protection in light of the pandemic?

3. How will the EU take on board the views of older people in the EU when developing its position and preparing its delegation for the OEWG?

Written question to the European Commission

In her speech on the State of the EU, the Commission President announced a European care strategy to ‘support men and women in finding the best care and the best life balance’. The report by the Commission and the Social Protection Committee on long-term care indicates that only one third of individuals aged 65+ with severe needs had access to home care services, and more than 25 % of Europeans, mainly women, are informal carers for children, persons with disabilities or older family members. COVID-19 has aggravated and increased the over-reliance on informal carers. People in need of care have been facing a lack of affordable quality care for years, which puts them at risk of exclusion. Care workers are facing exhausting conditions and a lack of recognition, which exposes them and their charges to situations of physical and mental risk.

1. Will the European care strategy focus on long-term care as an opportunity for inclusion and to allow older people to participate in our communities, rather than just as a challenge or cost?

2. Will the strategy adopt a rights-based approach based on the Charter of Fundamental Rights, the UN Convention on the Rights of Persons with Disabilities and the EU disability strategy?

3. How will the strategy improve recognition of and working conditions for formal carers and support for informal carers?

Answer given by Commissioner Dalli on behalf of the European Commission

The European Care Strategy will focus on both carers and care receivers, from childcare to long-term care. It is expected to include proposals for Council Recommendations on the revision of the Barcelona targets on early childhood education and care and on access to affordable high-quality long-term care.

In this respect, it will set a policy framework to guide the further development of sustainable long-term care, ensure better and more affordable access to quality services for all and improve the working conditions in the sector. In line with the European Pillar of Social Rights, these services include in particular home-care and community-based services.

The strategy will fully comply with the Charter of Fundamental Rights of the EU and the United Nations Convention on the Rights of Persons with Disabilities, and ensure synergies with the EU Strategy for the Rights of Persons with Disabilities 2021-2030, the EU Comprehensive Strategy on the Rights of the Child 2021-2024 and the European Child Guarantee, including on issues related to independent living.

The Commission recognises the importance of tackling the challenges faced by formal and informal carers, as identified in the 2021 joint report of the Commission and the Social Protection Committee on Long-Term Care.

These include working conditions and pay levels for the formal long-term care workforce, labour shortages, insufficient re-skilling and upskilling opportunities, and negative impacts of caring responsibilities for informal carers.

Building on relevant existing EU acquis and initiatives, as well as consultations with stakeholders, the strategy will identify avenues for further action at both EU and Member States levels.

Written question to the European Commission

Ingeborg Beugel, a Dutch journalist based in Greece, is being targeted by a systematic defamation campaign on social media and in the government-friendly press after a pointed question she posed to Greek Prime Minister Kyriakos Mitsotakis regarding the pushbacks against migrants allegedly carried out by the Hellenic Coast Guard. This defamation campaign has led to her being assaulted in the street. Furthermore, the mayor of the Greek island of Hydra, who is close to the governing party New Democracy, filed a lawsuit against Ingeborg Beugel the day after she commented on the local election results in Hydra – where Beugel also lives.

Keeping in mind that SLAPPs are being used all the more often against journalists in the EU and that Parliament recently voted in favour of a stricter legal framework to protect journalism and the freedom of speech:

What will the Commission do to protect journalists and the freedom of speech until the upcoming anti-SLAPP directive is implemented by the Member States?

Answer given by Vice-President Jourová on behalf of the European Commission

The Commission is currently preparing an initiative to protect journalists and rights defenders against Strategic lawsuits against public participation (SLAPP). This initiative is planned for 2022 and will consist of a comprehensive package of legislative and non-legislative measures. To identify the problems in this area, the Commission has launched an open public consultation and a dedicated consultation to national judges, which will be open until 10 January 2022 .

The Commission is already monitoring the state of media pluralism, including SLAPPs, in the context of Rule of Law Reports. In addition, t he Commission supports initiatives, which are aimed at monitoring press and media violations and helping journalists with practical and legal support, such as the European Centre for Press and Media Freedom.

On 16 September 2021, the Commission adopted a recommendation on the protection, safety and empowerment of journalists and is currently preparing the European Media Freedom Act to safeguard media freedom in the EU.

Written question to the European Commission

In spring 2021, the Commission launched a consultation on ageing following the publication of its green paper. The increase in longevity opens up new opportunities for older persons if their fundamental rights are respected and society becomes more inclusive. However, the green paper did not address the issues of non-discrimination and equal rights for all ages. Both the Council and Parliament recently called for responses to be grounded in human rights principles and solidarity between generations.

1. Is the Commission working on a white paper to take the reflection further on the issues covered by the green paper?

2. Will the Commission consider developing an EU age equality strategy to ensure comprehensive policies on ageing and promoting the rights of all generations?

3. What further action does it envisage taking so that the Union of Equality delivers for people of all ages?

Answer given by Vice-President Šuica on behalf of the European Commission

Follow-up to the Green Paper on Ageing and its consultation takes place in a number of work strands. For the moment, the Commission is not considering presenting a white paper on ageing or a specific age equality strategy.

The Commission is instead working to integrate and mainstream aspects related to demography and equality, including as regards age discrimination, in all relevant EU policies, legislation and funding programmes.

Council Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation effectively bans discrimination based on age within its scope.

In complement to such measures, the European Pillar of Social Rights includes the principles on equal opportunities, work-life balance, old-age income and pensions, healthcare and long-term care as well as access to essential services. Its Action Plan puts forward a number of further actions to support a Union of Equality.

In the framework of the action plan to implement the European Pillar of Social Rights and building on the Green Paper on Ageing, the Commission will present a European Care Strategy in 2022 to address both carers and care receivers, from childcare to long-term care.

Also, the European Accessibility Act strives to ensure that digitalisation is an inclusive process improving access to services.