DRAFT BK 21.07.2010 2010-COP-278

AGREEMENT LP-000-HU

Between THE EUROPEAN UNION

represented by

THE EUROPEAN COMMISSION

acting through

THE DIRECTORATE-GENERAL FOR HEALTH AND CONSUMERS

(hereinafter called 'the Health and Consumers DG')

itself represented for the purpose of the signature of this Agreement by

Ms Pascale BERTELOOT, Head of Unit

Legal and Documentary Issues, Consolidation and Copyright Unit

PUBLICATIONS OFFICE OF THE EUROPEAN UNION

2, rue Mercier, 2985 Luxembourg, Luxembourg (hereinafter called 'the Publications Office')

and               KARAHUN FOUNDATION OF HERITAGE PROTECTION

Béke utca 90, 9745 Meszlen, HUNGARY

(hereinafter called 'the Publisher')

represented by Mr György PAPP, President of the Foundation

whereby it is agreed as follows:

1.        Subject to the conditions hereinafter specified, the European Commission hereby grants to the Publisher a non-exclusive licence, for the full legal term of copyright, to translate and publish, for further on-line dissemination, throughout the world, on his website (presently located at: http://www.ketesaruk.hu), Hungarian-language editions (hereinafter called 'the Works') of the content, in whole or in part, of the original English-language editions entitled Rapid Alert System for Food and Feed (RASFF) - RASFF Portal - online searchable database (hereinafter called 'the RASFF notifications') published by the Health and Consumers DG on the European Union's official website 'Europa' on terms that the copyright therein vests exclusively in the European Union.

2.        This Agreement shall enter into force on the date of its signature by the Publications Office. It relates to a single edition of the Works and may not be otherwise modified except by further formal Agreement in writing between the parties.

3.        The Publisher shall publish the Works at his own expense. He shall cause the translation of the texts into Hungarian to be made faithfully and accurately from the original language editions by a competent translator.

4.        The Publisher undertakes:

(a)      not to make any changes of substance to the existing texts or illustrations of the original RASFF notifications;

(b)      not to reproduce the RASFF logo on the Works;

(c)      not to publish the Works under any principal title other than a direct translation into Hungarian of the title in English set out in Article 1 of this Agreement;

(d)      to clearly mention on the Works the relevant Week and Year of the RASFF notifications report;

(e)      to insert at a suitably prominent place on the Works the following acknowledgement and notice as well as the European Commission's relevant disclaimer, all terms translated into Hungarian:

"First published in English as

Rapid Alert System for Food and Feed (RASFF) - RASFF Portal - online searchable database by the European Commission's Directorate-General for Health and Consumers on the European Union's official website 'Europa' through the EU Rapid Alert System for Food and Feed (RASFF) http://ec.europa.eu/food/food/rapidalert/index en.htm © European Union, 2005 - [current year]

The Commission publishes a searchable online database of RASFF notifications classified as alert, information notification or border rejection as part of its RASFF Portal. As it is necessary to strike the balance between openness and the protection of commercial information, the trade names and the identity of individual companies are not published. This is not detrimental to consumer protection, as a RASFF notification implies that all required measures have been or are in the process of being taken.

The public must be aware that the Commission is not in a position to release more information other than that published here. However, in exceptional circumstances where the protection of human health requires greater transparency, the Commission takes the appropriate action through its usual communication channels.

The Commission informs the authorities of third countries of notifications concerning products manufactured in, distributed to or dispatched from these countries. However, the fact that a country is mentioned as the origin of a product does not necessarily imply that the identified hazard(s) originated in the country concerned.

The Commission cannot and does not take any responsibility for the accuracy of the information in the RASFF portal online database. The information is published as it has been received from the official contact points in the Member States/EEA-EFTA countries. In the event that further information received from a contact point regarding an already published notification leads to modification or withdrawal of the notification, the Commission shall correct the information in its RASFF portal database at once or shall withdraw the notification concerned.

Hungarian translation: © Karahun Foundation of Heritage Protection, [year]

Responsibility for the translation lies entirely with the

Karahun Foundation of Heritage Protection."

5.        On first publication of the Works, the Publisher shall forthwith inform the Health and Consumers DG (e-mail: SANCO-RASFF@ec.europa.eu) of the web address on which they are displayed.

6.        Should the Publisher violate any of the terms of this Agreement and not rectify such violation within one month of having received written notice to do so by registered letter sent to him at his address given at the head of this Agreement, the licence hereby granted shall forthwith lapse and all rights conveyed by it shall without further notice revert to the European Commission.

8.        Any communication, notice or delivery to be given or made to the European Commission by the Publisher under the terms of this Agreement shall be made to the Publications Office as the European Commission's representative, and the Publications Office may act as the representative of the European Commission vis-á-vis the Licensee for any other purposes of this Agreement.

9.        The rights and liabilities of the parties, in so far as they are not expressly covered by this Agreement, shall be established according to the law of Luxembourg, and any dispute, whether as to the express terms of this Agreement or otherwise, shall be determined by the courts of Luxembourg.

Done in two originals:

in Meszlen,                                                                                 in Luxembourg,

on..........................................                                                       on.................

For the Publisher,                                                                        For the Publications Office

György PAPP                                                                             Pascale BERTELOOT

President of the Foundation                                                          Head of Unit