Copyright and Related Rights Act, 2000

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Number 28 of 2000


COPYRIGHT AND RELATED RIGHTS ACT, 2000


ARRANGEMENT OF SECTIONS

PART I

Preliminary and General

Section

1.

Short title and commencement.

2.

Interpretation.

3.

Construction of references to rightsowner.

4.

Construction of references to copyright.

5.

Encrypted broadcasts.

6.

Making and protection of broadcasts.

7.

Regulations and orders.

8.

Laying of regulations and orders.

9.

Expenses.

10.

Transitional provisions and repeals.

11.

Prosecution of offences.

12.

Offences by bodies corporate.

13.

Offences by members of partnership.

14.

Service of notices.

15.

Fees.

16.

Jurisdiction of Courts.

PART II

Copyright

Chapter 1

Subsistence of Copyright

17.

Copyright and copyright works.

18.

Copyright in literary, dramatic or musical works and original databases.

19.

Copyright in sound recordings.

20.

Exclusion of copyright in retransmission.

Chapter 2

Authorship and Ownership of Copyright

21.

Interpretation of author.

22.

Works of joint authorship.

23.

First ownership of copyright.

Chapter 3

Duration of Copyright

24.

Duration of copyright in a literary, dramatic, musical or artistic work or an original database.

25.

Duration of copyright in films.

26.

Duration of copyright in sound recordings.

27.

Duration of copyright in broadcasts.

28.

Duration of copyright in cable programmes.

29.

Duration of copyright in typographical arrangements.

30.

Duration of copyright in computer-generated works.

31.

Duration of copyright in works in volumes, parts, etc.

32.

Miscellaneous matters in relation to duration.

33.

Expiry of copyright.

34.

Making available of a work not previously made available.

35.

Calculation of term of copyright.

36.

Non-application of certain provisions on duration to Government copyright, etc.

Chapter 4

Rights of Copyright Owner

37.

Acts restricted by copyright in a work.

38.

Playing of sound recordings — licenses of right.

39.

Reproduction right.

40.

Making available right.

41.

Distribution right.

42.

Rental and lending right.

43.

Infringement by adaptation of works.

Chapter 5

Secondary Infringement of Copyright

44.

Interpretation of infringing copy.

45.

Secondary infringement: dealing with infringing copy.

46.

Secondary infringement: providing means for making infringing copies.

47.

Secondary infringement: permitting use of premises for infringing performances.

48.

Secondary infringement: permitting use of apparatus for infringing performances.

Chapter 6

Acts Permitted in Relation to Works Protected by Copyright

49.

Exemptions in respect of copyright works.

50.

Fair dealing: research or private study.

51.

Fair dealing: criticism or review.

52.

Incidental inclusion of copyright material.

Education

53.

Acts done for purposes of instruction or examination.

54.

Anthologies for educational use.

55.

Performing, playing or showing work in course of activities of educational establishment.

56.

Recording by educational establishments of broadcasts and cable programmes.

57.

Reprographic copying by educational establishments of certain works.

58.

Copyright not infringed by lending.

Libraries and Archives

59.

Regulations relating to copying by libraries and archives.

60.

Libraries and archives: declarations.

61.

Copying by librarians or archivists: articles in periodicals.

62.

Copying by librarians or archivists: parts of works lawfully made available to public.

63.

Multiple copying.

64.

Copying by librarians or archivists: supply of copies to other libraries and archives.

65.

Copying by librarians or archivists: replacement copies of works.

66.

Copying by librarians or archivists for certain purposes.

67.

Copying by librarians or archivists: certain works not lawfully made available to public.

68.

Copy of work required to be made as condition of export.

69.

Copying by librarians or archivists: exemptions.

70.

Copying by librarians or archivists: infringing copy.

Public Administration

71.

Parliamentary and judicial proceedings.

72.

Statutory inquiries.

73.

Copying of material in public records.

74.

Material open to public inspection or on statutory register.

75.

Works communicated to Government or Oireachtas.

76.

Acts done under statutory authority.

77.

Savings.

Designs

78.

Acts done in reliance on registration of design.

79.

Exception from protection of copyright in certain works.

Computer Programs

80.

Back-up copies of computer programs.

81.

Lawful copies of computer programs.

82.

Exceptions to infringement of copyright in computer programs.

Original Database

83.

Access to or use of original database.

Typefaces

84.

Use of typefaces: printing.

85.

Articles for producing materials in particular typefaces.

Works in Electronic Form

86.

Transfer of copies of work in electronic form.

Miscellaneous Matters Relating to Copyright

87.

Transient and incidental copies.

88.

Anonymous or pseudonymous works: acts permitted.

89.

Use of notes or recordings of spoken words in certain cases.

90.

Public reading or recitation of works.

91.

Abstracts of scientific or technical articles.

92.

Fixations of performances of works of folklore.

93.

Representation of certain artistic works on public display.

94.

Advertising sale of artistic work.

95.

Making of subsequent works by same artist.

96.

Reconstruction of buildings.

97.

Playing or showing of sound recordings, broadcasts and cable programmes in certain premises.

98.

Playing of sound recordings for clubs, societies, etc.

99.

Copying for purpose of broadcast or cable programme.

100.

Recording for purposes of supervision and control of broadcasts and cable programmes.

101.

Recording for purposes of time-shifting.

102.

Photographs of television broadcasts or cable programmes.

103.

Reception and retransmission of broadcasts in cable programme services.

104.

Provision of modified works.

105.

Recording for archival purposes.

106.

Adaptation of a work.

Chapter 7

Copyright: Moral Rights

107.

Paternity right.

108.

Exceptions to paternity right.

109.

Integrity right.

110.

Exceptions to integrity right.

111.

Qualification of integrity right in certain cases.

112.

Secondary infringement of integrity right: possessing or dealing.

113.

False attribution of work.

114.

Right to privacy in photographs and films.

115.

Duration of moral rights.

116.

Waiver of rights.

117.

Application of certain provisions to works of joint authorship and joint ownership.

118.

Moral rights not assignable or alienable.

119.

Transmission of moral rights on death.

Chapter 8

Dealings with Rights in Copyright Works

120.

Assignment and licences.

121.

Prospective ownership of copyright.

122.

Exclusive licences.

123.

Copyright to pass under will with certain original fixations.

124.

Presumption of transfer of rental right in case of film production agreement.

125.

Right to equitable remuneration where rental right transferred.

126.

Equitable remuneration: reference of determination of amount to Controller.

Chapter 9

Remedies: Copyright Owner

127.

Infringement actionable by copyright owner.

128.

Award of damages in infringement action.

129.

Action in respect of construction of building.

130.

Undertakings concerning licences of right.

131.

Order for delivery up.

132.

Application to District Court for seizure of infringing copies, articles or devices.

133.

Right of copyright owner to seize infringing copies, articles or devices, etc.

134.

Rights of owner of copyright in respect of infringing copy.

Chapter 10

Rights and Remedies: Exclusive Licensee

135.

Rights and remedies of exclusive licensee.

136.

Exercise of concurrent rights.

Chapter 11

Remedies: Moral Rights

137.

Remedies for infringement of moral rights.

138.

Action in respect of construction of building.

Chapter 12

Presumptions

139.

Presumptions.

Chapter 13

Offences: Copyright

140.

Offences.

141.

False claims of copyright.

142.

Order for delivery up in criminal proceedings.

143.

Search warrants and seizure.

Chapter 14

Delivery up and Disposal

144.

Period after which remedy for delivery up is not available.

145.

Order as to disposal of infringing copy, article or device.

146.

Amendment to section 23 of Trade Marks Act, 1996.

Chapter 15

Provision for Preventing Importation

147.

Infringing copies, articles or devices may be treated as prohibited goods.

148.

Power of Revenue Commissioners to make regulations.

Chapter 16

Copyright Licensing

149.

Licensing schemes and licensing bodies.

References and Applications Relating to Licensing Schemes

150.

General references.

151.

Reference of proposed licensing scheme to Controller.

152.

Reference of licensing scheme to Controller.

153.

Further reference of scheme to Controller.

154.

Application for grant of licence in connection with licensing scheme.

155.

Review of orders made by Controller.

156.

Effect of order of Controller as to licensing scheme.

References and Applications Relating to Licensing by Licensing Bodies

157.

General references by licensing bodies.

158.

Reference to Controller of proposed licence.

159.

Reference to Controller of expiring licence.

160.

Application for review of order made by Controller.

161.

Effect of order of Controller as to licence.

Licensing: Miscellaneous

162.

General considerations: unreasonable discrimination.

163.

Licences for reprographic copying.

164.

Licences to reflect payments in respect of underlying rights.

165.

Licences to reflect conditions imposed by promoters of events.

166.

Licences in respect of works included in retransmissions.

167.

Implied indemnity in certain schemes and licences for reprographic copying.

168.

Power to extend application of scheme or licence.

169.

Variation or discharge of order extending scheme or licence.

170.

Appeals against orders.

171.

Inquiry whether other provisions required.

172.

Statutory licence where recommendation not implemented.

173.

Certification of licensing schemes.

Cable Retransmissions

174.

Collective exercise of certain rights in relation to cable retransmissions.

Chapter 17

Registration of Copyright Licensing Bodies

175.

Register of copyright licensing bodies.

176.

Proof that licensing body may act on behalf of specified classes.

177.

Notification of charges.

178.

Validity of certificates of registration.

179.

Refusal of application.

180.

Indemnity for Controller.

181.

Obligation of collecting societies to register (copyright).

Chapter 18

Qualification for Copyright Protection

182.

Qualification for copyright protection: general.

183.

Qualification by reference to author.

184.

Qualification for copyright protection: specific.

185.

Territorial waters and Continental Shelf.

186.

Qualification for copyright in broadcasts and cable programmes.

187.

Prohibition on contravention of certain international obligations.

188.

Extension of this Part by order.

189.

Orders to be made for countries other than convention countries, etc.

190.

Restriction of rights by order.

Chapter 19

Government and Oireachtas copyright

191.

Government copyright.

192.

Copyright in Acts, etc.

193.

Houses of the Oireachtas: copyright.

194.

Oireachtas copyright.

195.

Houses of the Oireachtas: supplementary provisions with regard to copyright.

Chapter 20

International Organisations

196.

Copyright vesting in certain international organisations.

Chapter 21

Anonymous Works

197.

Works of folklore.

Chapter 22

Deposit of Certain Copyright Materials

198.

Delivery of certain materials to libraries.

Chapter 23

Amendment of National Cultural Institutions Act, 1997, and Miscellaneous Repeals

199.

Amendment of sections 65 and 66 of the National Cultural Institutions Act, 1997.

Chapter 24

Copyright: Legal Tender

200.

Copyright in Irish legal tender notes, euro notes, consolidated bank notes and in Irish and euro coins.

Chapter 25

Disposal of Certain Books

201.

Disposal of books of King's Inns Library, Dublin.

PART III

Rights in Performances

Chapter 1

Performers' Rights

202.

Interpretation.

203.

Performers' rights: general.

204.

Reproduction right of performer.

205.

Making available to public copies of recordings of qualifying performances.

206.

Distribution right of performers.

207.

Rental and lending right of performer.

208.

Right to equitable remuneration for exploitation of sound recording.

Chapter 2

Infringement of Performers' Rights

209.

Consent required for recording or live transmission of performance.

210.

Meaning of illicit recording.

211.

Presumptions.

212.

Secondary infringement: importing, possessing or dealing with illicit recordings.

213.

Secondary infringement: providing means for making illicit recording.

214.

Secondary infringement: permitting use of apparatus for infringing performances.

Chapter 3

Recording Rights

215.

Interpretation.

216.

Infringement of recording rights by copying.

217.

Infringement of recording rights by use of illicit recording.

218.

Secondary infringement: importing, possessing or dealing with illicit recording.

219.

Secondary infringement: providing means for making illicit recordings.

Chapter 4

Acts Permitted in Relation to Performances

220.

Exemptions in respect of performance.

221.

Fair dealing with performances, etc.

222.

Incidental use of performances.

Education

223.

Copying of a performance for purpose of instruction, etc.

224.

Playing of sound recording, etc., at an educational establishment.

225.

Recording of broadcast, etc., on behalf of an educational establishment.

226.

Performer's rights not infringed by lending.

Libraries and Archives

227.

Regulations relating to copying of recordings by libraries and archives.

228.

Libraries and archives: declarations.

229.

Copying by librarians or archivists: parts of recordings lawfully made available to public.

230.

Multiple copying.

231.

Copying by librarians or archivists: supply of copies to other libraries and archives.

232.

Copying by librarians or archivists: replacement copies of recordings of performances.

233.

Copying by librarians or archivists for certain purposes.

234.

Copying by librarians or archivists: certain recordings not lawfully made available to public.

235.

Copy of recording required to be made as condition of export.

236.

Copying by librarians or archivists: illicit recording.

Public Administration

237.

Parliamentary and judicial proceedings.

238.

Statutory inquiries.

239.

Copying of material in public records.

240.

Material open to public inspection or on statutory register.

241.

Acts done under statutory authority.

Recordings in Electronic Form

242.

Transfer of copies of recordings in electronic form.

Miscellaneous Matters Relating to Performers' Rights

243.

Use of recordings of spoken words in certain cases.

244.

Transient and incidental copies.

245.

Recordings of works of folklore.

246.

Playing or showing sound recordings, broadcasts and cable programmes in certain premises.

247.

Playing of sound recordings for clubs, societies, etc.

248.

Recording for purposes of broadcast or cable programme.

249.

Recording for purposes of supervision and control of broadcasts and cable programmes.

250.

Recording for purposes of time-shifting.

251.

Reception and retransmission of broadcast in cable programme service.

252.

Provision of modified recordings.

253.

Recording for archival purposes.

254.

Power of Controller to consent on behalf of performer.

Chapter 5

Delivery Up and Seizure

255.

Order for delivery up.

256.

Application to District Court for seizure of illicit recordings, articles or devices, etc.

257.

Right of rightsowner to seize illicit recordings, articles or devices, etc.

Chapter 6

Offences: Performances

258.

Offences.

259.

False claims of rights in performances.

260.

Order for delivery up in criminal proceedings.

261.

Search warrants and seizure.

262.

False representation of authority to give consent.

263.

Period after which remedy of delivery up is not available.

264.

Order as to disposal of illicit recording, article or device.

Chapter 7

Licensing Schemes: Performers' Property Rights Licensing

265.

Licensing schemes and licensing bodies.

References and Applications Relating to Licensing Schemes

266.

General references.

267.

Reference of proposed licensing scheme to Controller.

268.

Reference of licensing scheme to Controller.

269.

Further reference of scheme to Controller.

270.

Application for grant of a licence in connection with licensing scheme.

271.

Review of orders made by Controller.

272.

Effect of order of Controller as to licensing scheme.

References and Applications Relating to Licensing by Licensing Bodies

273.

General references by licensing bodies.

274.

Reference to Controller of proposed licence.

275.

Reference to Controller of expiring licence.

276.

Application for review of order made by Controller.

277.

Effect of order of Controller as to licence.

Licensing: Miscellaneous

278.

General considerations: unreasonable discrimination.

279.

Licences to reflect payments in respect of underlying rights.

Chapter 8

Registration of Licensing Bodies in Respect of Performers' Property Rights

280.

Register of licensing bodies for performers' property rights.

281.

Proof that licensing body may act on behalf of specified classes.

282.

Notification of charges.

283.

Validity of certificates of registration.

284.

Refusal of application.

285.

Indemnity for Controller.

286.

Obligation of collecting societies to register (performers' property rights).

Chapter 9

Qualification: Performances

287.

Definition of qualifying person.

288.

Qualifying performance.

289.

Designation of qualifying countries.

290.

Territorial waters and Continental Shelf.

Chapter 10

Duration of Rights in Performances

291.

Duration of rights.

Chapter 11

Performers' Property Rights

292.

Performers' property rights.

Chapter 12

Transmission of Performers' Property Rights

293.

Assignment and licences.

294.

Prospective ownership of performers' property rights.

295.

Exclusive licences.

296.

Performers' property rights to pass under will with certain original recordings.

297.

Presumption of transfer of rental right in case of film production agreement.

298.

Right to equitable remuneration where rental right is transferred.

299.

Equitable remuneration: reference of determination of amount to Controller.

Chapter 13

Transmission of Recording Rights and Performers' Non-Property Rights

300.

Performers' non-property rights.

301.

Transmissibility of rights of person having recording rights.

302.

Consent.

Chapter 14

Remedies: Owner of Performers' Property Rights

303.

Infringement actionable by rightsowner.

304.

Award of damages in infringement action.

305.

Undertakings concerning licences of right.

Chapter 15

Rights and Remedies: Exclusive Licensee

306.

Rights and remedies of exclusive licensee.

307.

Exercise of concurrent rights.

Chapter 16

Remedies: Owner of Performers' Non-Property Rights and Person having Recording Rights

308.

Infringement actionable as a breach of statutory duty.

PART IV

Performers' Moral Rights

309.

Paternity right.

310.

Exceptions to paternity right.

311.

Integrity right.

312.

Exceptions to integrity right.

313.

Secondary infringement of integrity right: possessing or dealing.

314.

False attribution of performances.

315.

Duration of moral rights.

316.

Waiver of rights.

317.

Performers' moral rights not assignable or alienable.

318.

Transmission of moral rights on death.

319.

Remedies for infringement of moral rights.

PART V

Databases

Chapter 1

Rights in Databases

320.

Interpretation.

Chapter 2

Subsistence of Database Right

321.

Database right.

Chapter 3

Maker and Ownership: Databases

322.

Maker of database.

323.

First ownership of database right.

Chapter 4

Restricted Acts: Databases

324.

Acts restricted by database right.

Chapter 5

Duration of Database Right

325.

Term of protection of database right.

Chapter 6

Qualification: Databases

326.

Qualification for database right.

Chapter 7

Rights and Obligations of Lawful Users

327.

Avoidance of certain terms affecting lawful users.

Chapter 8

Acts Permitted in Respect of Database Right

328.

Exemptions in respect of databases.

329.

Fair dealing: research or private study.

Education

330.

Exception for educational establishments.

Public Administration

331.

Parliamentary or judicial proceedings.

332.

Statutory inquiries.

333.

Copying of material in public records.

334.

Material open to public inspection or on statutory register.

335.

Databases communicated to Government or Oireachtas.

336.

Acts done under statutory authority.

Anonymous or Pseudonymous Databases

337.

Anonymous or pseudonymous databases: acts permitted.

Chapter 9

Application of Copyright Provisions to Database Right

338.

Application of copyright provisions to database right.

Chapter 10

Presumptions

339.

Presumptions relevant to database right.

Chapter 11

Database Right: Licensing

340.

Licensing schemes and licensing bodies.

References and Applications Relating to Licensing Schemes

341.

General references.

342.

Reference of proposed licensing scheme to Controller.

343.

Reference of licensing scheme to Controller.

344.

Further reference of scheme to Controller.

345.

Application for grant of licence in connection with licensing scheme.

346.

Review of orders made by Controller.

347.

Effect of order of Controller as to licensing scheme.

References and Applications Relating to Licensing by Licensing Bodies

348.

General reference by licensing bodies.

349.

Reference to Controller of proposed licence.

350.

Reference to Controller of expiring licence.

351.

Application for review of order made by Controller.

352.

Effect of order of Controller as to licence.

Licensing: Miscellaneous

353.

General considerations: unreasonable discrimination.

354.

Licences to reflect payments in respect of underlying rights.

Chapter 12

Registration of Licensing Bodies in Respect of Database Right

355.

Register of licensing bodies for database right.

356.

Proof that licensing body may act on behalf of specified classes.

357.

Notification of charges.

358.

Validity of certificates of registration.

359.

Refusal of application.

360.

Indemnity for Controller.

361.

Obligation of collecting societies to register (database rights).

PART VI

Jurisdiction of Controller

362.

Jurisdiction of Controller.

363.

Rules in relation to proceedings before Controller.

364.

Power of Controller to award costs.

365.

Appointment of assessors.

366.

Appeal to the High Court.

367.

References of dispute to arbitrator.

368.

Controller may consult Attorney General.

369.

Definition of dispute for the purposes of this Chapter.

PART VII

Technological Protection Measures

Chapter 1

Rights Protection Measures

370.

Devices designed to circumvent protection.

371.

Offence of unlawful reception.

372.

Rights in respect of apparatus, etc., for unauthorised reception of transmissions.

373.

Denial of protection.

374.

Non-interference of rights protection measures with permitted acts.

Chapter 2

Rights Management Information

375.

Rights and remedies in respect of unlawful acts which interfere with rights management information.

376.

Removal or interference with rights management information.

FIRST SCHEDULE

PART I

Transitional Provisions and Savings: Copyright

PART II

Works made before the first day of July, 1912

PART III

Secondary Infringements

PART IV

Performers' Rights

PART V

Copyright and Performers' Rights

PART VI

Transitional Provisions and Savings: Databases

SECOND SCHEDULE

PART I

PART II

THIRD SCHEDULE


Acts Referred to

Arbitration Act, 1954

1954, No. 26

Coinage Act, 1926

1926, No. 14

Coinage Act, 1950

1950, No. 32

Companies Acts, 1963 to 1999

Continental Shelf Act, 1968

1968, No. 14

Copyright Act, 1801

41 Geo.3 c.107

Copyright Act, 1836

6 & 7 Will.4 c.110

Copyright Act, 1911

1911, c.46

Copyright Act, 1963

1963, No. 10

Copyright (Amendment) Act, 1987

1987, No. 24

Currency Act, 1927

1927, No. 32

Decimal Currency Acts, 1969 to 1990

Dublin City University Act, 1989

1989, No. 15

Economic and Monetary Union Act, 1998

1998, No. 38

Industrial and Commercial Property (Protection) Act, 1927

1927, No. 16

Intellectual Property (Miscellaneous Provisions) Act, 1998

1998, No. 28

King's Inns Library Act, 1945

1945, No. 22

Local Government Act, 1994

1994, No. 8

Maritime Jurisdiction Act, 1959

1959, No. 22

National Cultural Institutions Act, 1997

1997, No. 11

Performers' Protection Act, 1968

1968, No. 19

Petty Sessions (Ireland) Act, 1851

14 & 15 Vict. c. 9

Public Offices Fees Act, 1879

1879, c. 58

Radio and Television Act, 1988

1988, No. 20

Statute of Limitations, 1957

1957, No. 6

Statutes of Limitations, 1957 and 1991

Trade Marks Act, 1996

1996, No. 6

Universities Act, 1997

1997, No. 24

University of Limerick Act, 1989

1989, No. 14

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Number 28 of 2000


COPYRIGHT AND RELATED RIGHTS ACT, 2000


AN ACT TO MAKE PROVISION IN RESPECT OF COPYRIGHT, PROTECTION OF RIGHTS OF PERFORMERS AND RIGHTS IN PERFORMANCES, TO MAKE PROVISION FOR LICENSING SCHEMES AND REGISTRATION SCHEMES FOR COPYRIGHT AND RELATED RIGHTS; TO RESTATE THE LAW IN RESPECT OF COUNCIL DIRECTIVE NO. 91/250/EEC OF 14 MAY 19911 ON THE LEGAL PROTECTION OF COMPUTER PROGRAMS; TO GIVE EFFECT TO COUNCIL DIRECTIVE NO. 92/100/EEC OF 19 NOVEMBER 19922 ON RENTAL RIGHT AND LENDING RIGHT AND ON CERTAIN RIGHTS RELATING TO COPYRIGHT IN THE FIELD OF INTELLECTUAL PROPERTY; TO GIVE EFFECT TO COUNCIL DIRECTIVE NO. 93/83/EEC OF 27 SEPTEMBER 19933 ON THE CO-ORDINATION OF CERTAIN RULES CONCERNING COPYRIGHT AND RIGHTS RELATED TO COPYRIGHT APPLICABLE TO SATELLITE BROADCASTING AND CABLE RETRANSMISSION; TO RESTATE THE LAW IN RESPECT OF COUNCIL DIRECTIVE NO. 93/98/EEC OF 29 OCTOBER 19934 HARMONISING THE TERM OF PROTECTION OF COPYRIGHT AND CERTAIN RELATED RIGHTS AND TO GIVE EFFECT TO ARTICLE 2.1 THEREOF; TO GIVE EFFECT TO DIRECTIVE NO. 96/9/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF 11 MARCH 19965 ON THE LEGAL PROTECTION OF DATABASES; AND TO PROVIDE FOR RELATED MATTERS. [10th July, 2000]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

1O.J. No. L.122, 17/5/1991, p. 42

2O.J. No. L.346, 27/11/1992, p. 61

3O.J. No. L.290, 24/11/1993, p. 9

4O.J. No. L.248, 6/10/1993, p. 13

5O.J. No. L.077, 27/3/1996, p. 20