The EU directive does still include the "use it or lose it" clause:

The rights in the fixation of the performance should revert to the performer if a phonogram
producer refrains from offering for sale in sufficient quantity, within the meaning of the
International Convention on the Protection of Performers, Producers of Phonograms and
Broadcasting Organisations, copies of a phonogram which, but for the term extension,
would be in the public domain, or refrains from making such a phonogram available to the
public. That option should be available on expiry of a reasonable period of time for the
phonogram producer to carry out both of these acts of exploitation. The rights of the
phonogram producer in the phonogram should therefore expire, in order to avoid a
situation in which these rights would coexist with those of the performer in the fixation of
the performance while the latter rights are no longer transferred or assigned to the
phonogram producer.

http://ec.europa.eu/internal_market/copyright/term-protection/term-protection_en.htm