PRESIDENTIAL DECREES DECREE BY THE PRESIDENT OF THE COUNCIL OF MINISTRIES December 19, 2012.

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1 OFFICIAL GAZETTE OF THE ITALIAN REPUBLIC General series n. 59 March 11, 2013 PRESIDENTIAL DECREES DECREE BY THE PRESIDENT OF THE COUNCIL OF MINISTRIES December 19, Identification, in the interest of right holders, of the minimum requirements needed for a rational and correct development of the market intermediaries of neighbouring rights, referred to in Law No. 633 of April 22, 1941, and following amendments. THE PRESIDENT OF THE COUNCIL OF MINISTERS Having regard to Law act n. 633 of April 22, 1941, on the Protection of the copyright and Neighbouring rights and following amendments; having regard to Royal Decree n of May 18, 1942, on the Approval of regulations for the enforcement of law act n. 633 of April 22, 1941, on the Protection of the copyright and Neighbouring rights and following amendments; having regard to Law n. 400, Aug. 23 of 1988, on Discipline on the activity of the Government and regulations by the Presidency of the Council of Ministers and following amendments; having regard to Law n. 93 of February 5, 1992, on Rules in favour of the phonographic enterprises and on private copying remuneration and following amendments and, in particular, article 4 which, among other things, establishes IMAIE, having as a statutory aim the protection of performing artists rights as well as the defence and promotion of the collective interests of these categories; having regard to Law decree n. 303 of July 30, 1999, on Regulations by the Presidency of the Council of Ministers, according to art. 11 of law n. 59 of March 15, 1997 and following amendments; having regard to Law decree n. 64 of April 30, 2010, on Urgent provisions on entertainment and cultural activities, turned with amendments into law n. 100 of June 29, 2010, and in particular art.7, paragraph 1, which In order to achieve the goals enounced in Law Act n.93 of February 5 th, 1992, and to grant the current level of employment of the Institute of Performing Artists (IMAIE) In Liquidazione, establishes the New Institute of Performing Artists (Nuovo IMAIE), association designated as a legal entity with private law operating under the joint vigilance of the Presidency of the Council of Ministers (Information and Publishing Department), the Ministry of Cultural Heritage and the Ministry of Labour and Social Policies, that approve the Statute and all future amendments, the election regulation and the regulation for the implementation of Article 7 of Law Act n.93 of 1992 ; having regard to art. 7, paragraph 2, of the above law decree n. 64 of April 30, 2010, turned with amendments into law n. 100, of June 29, 2010, which defines, among other things, that: As from July 14 th 2009, are considered transferred to Nuovo IMAIE tasks and functions assigned by law to IMAIE In Liquidazione and, in particular, the task to collect and distribute among right holder performing artists remunerations referred to in articles 71 septies, 71 octies, 73, 73 bis, 80, 84, and 180 bis of Law Act n. 633 of April 22, 1941 and articles 5 and 7 of Law Act n.93 of February 5, 1992, Nuovo IMAIE determines the amount of remunerations due to performing artists according to its statute and regulations, in compliance with article 82 of Law Act n.633 of April 22, ; 1

2 having regard to Law decree n. 1, January 24, 2012, on Urgent provisions on competition, development of infrastructures and competitiveness, turned, with amendments, into law act n. 27, March 24, 2012, and in particular, art. 39, paragraph 2, which establishes that: In order to encourage the creation of new enterprises in the area of protection of performing artists rights, through the development of a competitive pluralism and allowing greater economic benefit in the management as well as the actual participation and control on the part of right holders, the administration and intermediation of neighbouring rights as referred to in law act n. 633, April 22, 1941, in whatever form carried out, is free; whereas according to art. 39, paragraph 3, of the above law decree n. 1, January 24, 2012, turned, with amendments, into law act n. 27, March 24, 2012, With Decree by the President of the Council of Ministers to be adopted within three months from the date of entry into force of the present act and subject to the opinion of the antitrust Authority, in the interest of right holders, are identified the minimum requirements needed for a rational and correct development of the market intermediaries of said neighbouring rights. ; having regard to Decree by the President of the Councils of Ministers, of October 1, 2012, on Regulations of the general structures of the Presidency of the Council of Ministers and, in particular, art. 30 which establishes, among other things, that: The Information and Publishing Department, is the support structure to the President and operates in the functional area relative to the coordination of institutional communication, promotion of support policies to the publishing industry, and the coordination of activities aimed to the protection of copyright. ; having regard to Seen the Decree of November 29, 2011, by the President of the Republic by which the counsellor of the Court of Audit, Mr. Paolo Peluffo, was appointed Under-secretary of State of the Presidency of the Council of Ministers; having regard to Decree of January 19, 2012, by the President of the Council of Ministers by which the Under-secretary of State of the Presidency of the Council of Ministers, counsellor Paolo Peluffo, besides the functions already commissioned with the decree of December 5, 2011, by the President of the Council of Ministers, were also commissioned the functions pertaining to the President of the Council of Ministers as regards to publishing industry and publishing materials, copyright, supervision of SIAE and Nuovo IMAIE, as well as implementation of relevant policies; having regard to the opinion of the antitrust Authority expressed on December 3, 2012; Heard the Ministry of Cultural Heritage and the Ministry of Labour and Social Policies; Decrees: Art. 1. Minimum requirements for enterprises operating in the area of protection of performing artists rights 1. In order to enable a rational and correct development in the area of intermediaries of neighbouring rights as referred to in Law No. 633 of April 22, 1941 and following amendments, as well as to protect the interests of right holders, the minimum requirements needed for enterprises wishing to carry out or that are carrying out administration and intermediation activities of said neighbouring rights, irrespective of the legal form or organizational structure adopted, are the following: 2

3 a) To be established in a legal form provided by the Italian laws or by laws of another Member State of the European Union that allows the actual participation and control of the right holders; b) To set up the legal office or one of its branch or permanent structure in the Italian territory ; c) To hold and keep a net minimum asset, in any case named, not lower than ten thousand euros, or within the limit of one hundred twenty thousand euros, at five percent of the value of the rights managed the previous year; d) To subscribe, as a guarantee for the right holders, starting from the second year of activity, a proper bank guarantee for a sum equivalent to 30 percent of the value of the rights managed the previous year; e) To set up a structure having adequate professionals, technical means and information technology; f) To grant the availability of a regularly updated database of works and right holders administered and their assignees, accessible to right holders and users of works, also in order to facilitate distribution of fees; g) To adopt organizational, management and control model according to law decree n. 231 of June 8, 2001, and following amendments; h) independently of the legal form used, to include the following points in the Statute: 1) management and intermediation of neighbouring as referred to in law n. 633 of April 22, 1941, and following amendments, as sole or main purpose ; 2) to keep accounting books updated as well as other account records according to book V Title II Item III Section III paragraph 2 of the civil code; 3) to keep corporate books according to art of the civil code; civil code; 4) to draft the financial report according to book V Title V Item V Section IX of the 5) To have a board of auditors according to book V Title V Item V Section VI -bis paragraph 3 of the civil code; 6) internal regulations on distribution of rights; 7) internal regulations on membership applications and/or mandate; 8) to assign administration and management tasks to subjects having proven experience and professional skills, that are not in situations of conflict of interests and without any other reason of ineligibility according to art of the civil code including the absence of definitive judgments for offences against the public administration, public faith, assets, public order and public economy, for unintentional offences for which the law inflicts a punishment of imprisonment not inferior to the maximum of three years, for offences or violations provided by direct laws for the prevention of accidents in working areas, or in any case, provided by the law on labour and social security, for offences according to book V title XI of the civil code and royal decree n. 267, of March 16, 1942, and following amendments, for offences provided by norms that discipline banking, finances, and insurance, and norms relative to markets and financial tools, 3

4 taxing, and paying, as well as the lack to submit to prevention measures according to law decree n. 159 of September 6, 2011, and following amendments; 9) to keep separate administration, through proper analytical accounting, of rights revenues due to right holders and any investment funds made with said sums. The results of analytical accounting must be reported in the supplementary note of the financial report. Art. 2. Minimum requirements needed for a rational and correct development of the market of intermediaries of neighbouring rights 1. In order to allow a rational and correct development of market of the intermediaries of neighbouring rights as referred to in Law No. 633 of April 22, 1941, and following amendments., as well as to protect the interests of right holders, enterprises that intend to carry out or that carry out management and intermediary activities of said neighbouring rights, irrespective of the legal form or organizational structure adopted, must: a) adopt criteria of transparency, information equity, justice, equal treatment and nondiscrimination towards all right holders, in particular with regard to the acceptance and termination of mandates or membership, to the type of management granted,to the dispute resolution procedures, to the calculation and distribution of revenues, as well as to conditions, costs and deductions applied to right holders; b) adopt criteria of transparency, information, equity, justice, equal treatment and nondiscrimination towards all users and other collecting societies, in particular with regard to the repertoires, to the tariffs, and to other contractual conditions provided in the signed agreements; c) inform right holders periodically and anyway within the period following the one in which the rights are accrued, on the sums accrued and on the distribution regulations; d) enable right holders to check the rights revenues collected on their behalf through proper technological means; e) adopt cautious criteria as regards to the investment policy of the revenues collected on behalf og the right holders, pending in their distribution; f) ensure in the absence of objective reasons, the distribution and payment of the amount due to right holders no later than 12 months from the end of the financial year in which the rights revenue are collected; g) adopt proper procedures for a rapid identification of right holders; h) entrust the audit of accounting reports to a legally audit firm empowered by law in accordance to law decree n. 39, of January 27, 2010; i) not impose on right holders any obligation which is not objectively necessary for the protection of their rights and their interests; l) enable communication with right holders and with users by electronic means. Art. 3. Communication obligations 4

5 1. Enterprises wishing to carry out or that carry out administration and intermediation activities of neighbouring rights as referred to in law n. 633, April 22, 1941, and following amendments, in order to monitor the rational and correct development of the market of the intermediaries of said related rights, irrespective of the legal form or organizational structure adopted must: a) announce the beginning of their activity in compliance with the procedures provided by art. 19 of law n. 241, of August 7, 1990, and following amendments to the Presidency of the Council of Ministers - Information and Publishing Department, the Ministry of Cultural Heritage and the Ministry of Labour and Social Policies and send to these public administrations the declaration due according to decree n. 445, of December 28, 2000, and following amendments, asserting the compliance with the minimum requirements referred to in articles 1 and 2; b) publish on their website the number of right holders represented and the economic value of the managed rights; c) publish on their website the list of agreements signed with users as well as the list of bilateral agreements signed with enterprises that carry out management and intermediation activities of neighbouring rights in other countries; d) publish on their website the statute and a list of subjects entrusted with administration and management tasks; e) provide to the public administrations referred to in letter a) with all the information requested; 2. The Presidency of the Council of Ministers - Information and Publishing Department, publishes in its website the list of enterprises that announced the beginning of their activity and that complied with the communication obligations referred to in points b), c), d), e). The Information and Publishing Department, in agreement with the Ministry of Cultural Heritage and the Ministry of Labour and Social Policies, shall communicate on its website the enterprises that do not meet the requirements provided in the present decree. Art. 4 Cost invariance clause 1. With the implementation of the present decree cannot derive new or greater obligations on the financial report of the State. The present decree is sent, in execution of duties, to the competent bodies and published in the Official Journal of the Italian Republic. Rome, December 19, 2012 For the President The Under-secretary of State At the Presidency of the Council of Ministers PELUFFO Registered at the Court of Accounts on February 13, Presidency of the Council of Ministers, register n. 2, sheet n. 1 13A