Who is eligible?
Any professional user, as defined below, who acquires media and devices from an exempt liable party and uses these media and devices exclusively for professional purposes.
Professional users within the meaning of the Royal Decree of 18 October 2013, as amended by the Royal Decree of 11 December 2016, i.e. any natural or legal person registered in the Crossroads Bank for Enterprises (CBE) who uses the devices and/or media defined in Article 2 of the Royal Decree of 18 October 2013, exclusively for the exercise of his profession or commercial activity.
Professional use: any use that a professional user makes of a medium or device, provided that this use does not constitute a reproduction of works on any medium other than paper or similar medium, which is made for private purposes and is intended solely for that purpose.
1. Professional users must provide the exempt supplier with the following information at the latest at the time of the acquisition of these devices and media:
- their name, address and company number
- a sworn statement that the devices and media will only be used for professional purposes: only devices and/or media intended for professional use may benefit from the exemption from private copying remuneration.
2. Professional users must obtain the media and devices from a supplier who has concluded an exemption agreement with Auvibel.
There are two types of ‘exempt suppliers’:
- manufacturers, as well as exclusive, wholesale importers and intra-EU purchasers, who have concluded an exemption agreement with Auvibel on the exemption from payment of private copying remuneration for the marketing on Belgian territory to professional users of media and devices which are exclusively for professional use.
- importers and intra-EU purchasers who are neither exclusive nor wholesalers or distributors, whether they are wholesalers or retailers, on the basis of objective and non-discriminatory conditions, insofar as that another importer, intra-EU purchaser or distributor makes the devices and media exclusively available to professional users.
A list of suppliers that have concluded an exemption agreement can be found here.
A company meeting this definition and wishing to allow professional users to benefit from the exemption must:
- enter into an exemption agreement with Auvibel
- provide a sworn statement at the latest at the time of the acquisition of the devices and media for professional users, attesting to the exclusively professional use of the devices and media
- submit a monthly declaration to Auvibel of the devices and media specified above which have been marketed on Belgian territory to professional users
This declaration must contain the following information:
– name, address and company number of the professional users
– number, characteristics and storage capacity of the devices and media introduced to Belgian territory during the period covered by the declaration
These three conditions are cumulative. If one of these conditions is not met, the exempt undertaking may not allow the professional user to benefit from an exemption.
If the professional user does not use the devices and media it has purchased free of payment of the private copying remuneration exclusively for professional purposes, it shall be obliged to retroactively pay the private copying remuneration due to the collective management organisation, pursuant to Article XI.229 of the Code of Economic Law .
The parties liable for payment of the levy, the distributors of media or devices, irrespective of whether they are wholesalers or retailers, and the professional users, shall communicate to Auvibel, at its request, the information necessary for monitoring the exemption from the private copying remuneration.
With the exception of the private copying remuneration established by law, any reproduction of protected works shall be subject to the exclusive rights regime. This implies the explicit and prior consent of all right holders and the payment of their rights according to the current rates of the different collective management organisations.