Who is liable to pay the remuneration?

In order to determine who is liable to pay the remuneration to Auvibel, we have established 3 categories:

  • As a manufacturer you provide devices and blank media, subject to the levy for private copying, on the Belgian market which are .
  • As an importer you provide devices and blank media, subject to the levy for private copying and coming from a country that is not a member of the European Union, on the Belgian market.
  • As an intra-EU purchaser you provide devices and blank media, subject to the levy for private copying and coming from a country that is a member of the European Union, on the Belgian market.

The basic principles are wide enough to be generalised to webshops, also when they are established in countries abroad.The Belgian court has pronounced as follows on this matter :

"Anyone who offers products liable for the remuneration for privacy copy via a website and who thereby aims expressly at Belgian customers, makes specific advertising, takes the initiative of and bears responsibility for importing those products into Belgium, which is also presented in the general conditions of sale thereof".

We distinguish 2 categories of importers and intra-EU purchasers who are liable to pay the remuneration:

  • Importers and intra-EU purchasers who are listed as wholesalers.
    Their main business activity is to provide media and devices to other distributors.
  • Importers and intra-EU purchasers who are listed as retailers.
    Their main business activity is to provide media and devices to end-users.

As a remuneration-payer you belong to one of the two categories. There are separate rules for these two categories regarding declarations and payments. Auvibel will ultimately determine which category you belong to.

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