Update RAAP surcharge on Sena rates

The Copyright Committee (CAR) and Sena have once again started discussions about the consequences of the European Court of Justice's RAAP-PPI ruling. Both parties are actively engaged in lobbying efforts, but this has not led to a change in the legal situation as yet. More clarity is expected to emerge in early 2023.

In September 2022, CAR and Sena agreed to an unchanged extension of the RAAP surcharge for the year 2023. The current rates will be subject to a 26,6% surcharge from 1 January.

Both VNO-NCW and MKB-Nederland along with Sena continue to actively support the national and international lobbying of the European Commission to introduce material reciprocity into European law. If the European regulations and/or legislation is amended again, the surcharge will be cancelled immediately. All parties will discuss the situation again by the third quarter 2023 at the latest if lobbying has not led to a change in the legal situation.

If it is conclusively established in law that there is no basis for the rates surcharge, then the amounts invoiced in that calendar year will be credited. Where this is not reasonably possible, they will be offset in the next invoice sent by Sena to the user concerned.