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European Commission Reviews Marrakesh Directive, Enhances Access to Literary Works for Print-Disabled

Digital Policy, Technology & Innovation · Digital & Communication · Policy Document · 2025-12-11

The European Commission has laid out its findings on how the Marrakesh Directive and Regulation—rules designed to boost accessibility for print-disabled individuals—are playing out across the EU. With accessible books and materials in braille, audio, and other formats at the heart of this directive, affected stakeholders like libraries, educational institutions, publishers, and of course, people with print disabilities will have plenty to say about the report’s findings and implications.

This report, published on December 11, 2025, by the Commission’s Directorate-General for Communications Networks, Content and Technology (CNECT), assesses the effectiveness of Directive (EU) 2017/1564 and Regulation (EU) 2017/1563, collectively known as the Marrakesh Legal Framework. It responds to mandatory review clauses within the Directive and Regulation, aiming to gauge how EU law has adopted and promoted the Marrakesh Treaty’s objectives.

It is a review report compiling factual assessments based on data from stakeholders, desk research, and consultations. While not new legislation, the document evaluates EU law implementation, enforcement practices, and practical outcomes, sometimes flagging inconsistencies or rule interpretation issues. It sets the stage for potential policy adjustments but doesn’t impose mandatory changes or numerical targets.

The Commission finds that harmonised EU rules allow authorised entities—mostly non-profit libraries and educational bodies—to reproduce and lend accessible format copies without needing copyright holder approval. However, while some Member States have introduced compensation schemes for rightsholders, others have not. Notably, the Directive deliberately refrains from limiting permitted uses to only cases where commercial accessible copies are unavailable, aiming for legal certainty and wider access. Yet, a few Member States impose additional conditions that may hinder the Directive’s uniform application.

The Marrakesh Regulation facilitates cross-border exchange of accessible works with third countries party to the treaty, enhancing international cooperation. Nevertheless, a lack of mandatory monitoring results in varying levels of oversight among Member States.

For stakeholders, the report indicates both gains and challenges: print-disabled individuals benefit from a significant increase in accessible titles, more than 50% since 2018, yet digital book access remains limited. Authorised entities face ongoing budget and tech capacity constraints that affect their output. Publishers and rights-holders navigate the tension between copyright protections and accessibility exceptions, with some Member States considering or implementing compensation schemes.

Looking ahead, this report signals a checkpoint rather than an endpoint. The European Parliament, Council, and the Economic and Social Committee are expected to react next, potentially sparking discussions on harmonising compensation schemes and addressing monitoring gaps. This could be the prelude to refining the legal framework or clarifying Member State obligations, making the Marrakesh framework a dynamic space in EU copyright and accessibility policy.

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