I/A ITEM NOTE - Draft Directive on Copyright in the Digital Single Market - Adoption of the Legislative Act - Joint Statements by Netherlands, Luxembourg, Poland, Italy and Finland; Statements by Estonia and Germany

Aug 28, 2026

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Interinstitutional communications record positions on a draft EU directive addressing copyright and related rights within the Digital Single Market. The Netherlands, Luxembourg, Poland, Italy, and Finland support the directive’s aims but criticise the final text for failing to strike a balanced approach between right-holder protection and the interests of EU citizens and companies, warning of reduced innovation and competitiveness. Estonia supports improved online access and exceptions but finds insufficient balance and notes the inability of its new government to state a position. Germany agrees in principle yet highlights concerns about upload-platform responsibility, including Article 17 and upload filters, and outlines expectations for remuneration, transparency, freedom of expression, user rights, dialogue with stakeholders, privacy compliance, and open-source technical measures.

LanguageEnglish

CategoryResearch & Report

FormatPDF

Pages6

Reading Time15 min

AccessFree to download

Draft directive scope and legislative adoption

Joint statement: support and concerns from Netherlands, Luxembourg, Poland, Italy and Finland

Statement by Estonia: balance, exceptions, and political constraints

Statement by Germany: agreement, upload responsibility, Article 17 concerns

Implementation expectations: dialogue, rights balancing, privacy, open-source and interoperability

Council of the European Union Interinstitutional File: 2016/0280(COD) 'I/A' ITEM NOTE Brussels, 15 April 2019 (OR. en, de) 7986/19 ADD 1 REV 2 CODEC 814 PI 61 RECH 196 EDUC 183 COMPET 290 AUDIO 54 CULT 59 DIGIT 66 TELECOM 152 | From: To: | General Secretariat of the Council
Permanent Representatives Committee/Council | | --- | --- | | Subject: | Draft DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC (first reading)
-Adoption of the legislative act
-Statements | Joint statement by the Netherlands, Luxembourg, Poland, Italy and Finland The objectives ofthis Directive were to enhance the good functioning of the internal market and to stimulate innovation, creativity, investment and production of new content, also in the digital environment. The signatories support these objectives. Digital technologies have radically changed the way content is produced, distributed and accessed. The legislative framework needs to reflect and guide these changes. However, in our view, the final text of the Directive fails to deliver adequately on the above-mentioned aims. We believe that the Directive in its current form is a step back for the Digital Single Market rather than a step forward. Most notably we regret that the Directive does not strike the right balance between the protection of right holders and the interests of EU citizens and companies. It therefore risks to hinder innovation rather than promote it and to have a negative impact the competitiveness of the European Digital Single Market. Furthermore, we feel that the Directive lacks legal clarity, will lead to legal uncertainty for many stakeholders concerned and may encroach upon EU citizens’ rights. We therefore cannot express our consent with the proposed text of the Directive. Statement by Estonia Estonia has always supported the objective of the Directive, namely better access to content online, the functioning of key exceptions in the digital and cross-border environment and the better and balanced functioning of the copyright marketplace. However, Estonia considers that the final text of the Directive does not strike a sufficient balance between different interests in all aspects. Furthermore, Estonia has recently had parliamentary elections and our new government and parliament have not been able to give their position on the final compromise text. Statement by Germany 1. The German Federal Government agrees with the proposed Directive on copyright and related rights in the Digital Single Market (hereinafter: ‘the Directive’) in the version set out in the trilogue compromise of 13 February 2019, because the reform as a whole achieves urgently needed adjustments to the outdated European legal framework, such as the provisions on text and data mining, out-of-commerce works and contract law for performers. 2. At the same time, the German Federal Government regrets that it was not possible to agree on a concept for the copyright responsibility of upload platforms that could be broadly supported by all parties. There is widespread consensus that creatives should participate in the exploitation of their content through upload platforms. However, in particular the obligation provided for in Article 17 of the Directive to ensure the permanent ‘stay down’ of protected content and the algorithm-based solutions (‘upload filters’) likely to be used in this context have met with serious reservations and widespread criticism from the German public. The vote in the European Parliament on 26 March 2019 also revealed the huge gulf between supporters and critics. 3. The focus of our efforts is on performers, authors and ultimately all creatives who naturally make use of the new tools that digitisation and connectivity provide for creative work. The German Federal Government is of course not questioning the need to pro

FAQs

What is the main subject of this interinstitutional file and item note?

It concerns a draft directive on copyright and related rights in the Digital Single Market, including legislative adoption and accompanying statements.

Why do the Netherlands, Luxembourg, Poland, Italy and Finland express reservations about the final text?

They argue the text does not adequately balance right-holder protection with EU citizens’ and companies’ interests, risking reduced innovation and negative effects on competitiveness.

What concerns does Germany raise regarding Article 17 and upload platforms?

Germany regrets it was not possible to agree on a broadly supported concept for platform responsibility, citing serious reservations and criticism about permanent ‘stay down’ obligations and algorithm-based ‘upload filters’.

Aug 28, 2026

Uploaded by Terk