Ministry of Security and Justice State Secretary for Security and Justice mr. F. Teeven P.O.

Box 20301 2500 EH The Hague 19 November 2012 Concerning: Decision 505 on copyright levies Dear State Secretary Teeven, We are writing to you to express serious concern about Decision 505, published in the Staatsblad van het Koninkrijk der Nederlanden on 23 October, 2012. We would like to request a meeting with you at the earliest opportunity to discuss this matter, and we would urge you to postpone the implementation of the Decision and to make the Decision consistent with European Union law (Directive 2001/29, the Copyright Directive). The signatories to this letter include senior executives of leading ICT companies with major operations in the Netherlands and across Europe, as well as leaders of industry organisations representing the Dutch and European ICT sector. In our view, Decision 505 will, if implemented, impede our ability to serve our customers in the Netherlands and raise the cost of digital technology. Furthermore, it will cause trade barriers and serious disincentives to operating logistics hubs and distribution centres in the Netherlands. We have serious doubts as to the legality of the Decision. It is likely to be in conflict with the Copyright Directive. It does not live up to the requirement that fair compensation be based on assessment of harm of private copying, and it seems to include compensation for illegal copies. Further, the Decision fails to provide a workable system for exempting products sold to professional users. Finally, there are several points of uncertainty and ambiguity in the Decision that would make it extremely difficult and costly to implement in practical terms. It is not only in the Netherlands that levies on ICT products cause difficulties. There are dozens of legal challenges and court cases in progress across European countries. Several court cases have been referred to the Court of Justice of the European Union, and upcoming rulings from the Court could impact Decision 505 directly. Further, in view of the serious economic damage, Single Market trade distortion, litigation and administrative burdens associated with levies, the European Commission is now considering options for reform of European levies systems. Several companies are taking legal advice as concerns Decision 505. Companies may conclude that they cannot legally comply with it. We are keen to work with you and your staff to find constructive solutions, and we urge you to reconsider the Decision and at a minimum postpone its implementation. However, as expressed in the letter sent to you by FIAR on this matter on 16 July, 2012. , the ultimate objective should be the abolition of media/device-based levies systems, both in the Netherlands and in other European countries.

Our representatives will be in touch with your office in due course to discuss dates for a meeting. A copy of this letter will also be sent to Minister Kamp of Economic Affairs, the Standing Committee of Economic Affairs and the Standing Committee of Security and Justice in Parliament. Yours sincerely,

John Higgins CBE Director General, DIGITALEUROPE

Jeannine Peek General Manager, Dell Netherlands

G.P.M. Van der Wilk Managing Director BeNeLux, Fujitsu Technology Solutions

Hans Daniels Vice President and Managing Director General Western Europe (GWE)

Luc Gheysens Vice President Europe, Imation Europe B.V.

Jeffrey T. Lawrence Director of Global Content Policy, Intel Corporation

Chris Weber Executive Vice President, Sales and Marketing, Nokia

J. Van Bouwel Managing Director, Panasonic BeNeLux

Christophe Lefort Managin Director, West Europe, Research in Motion

B.B. Moon CFO, Samsung Electronics BeNeLux B.V.