SIST-V CEN/CLC Guide 10:2010

SLOVENSKI STANDARD
SIST-V CEN/CLC Guide 10:2010
01-marec-2010
Smernice za razdeljevanje in prodajo publikacij CEN/CENELEC
Guidelines for the distribution and sales of CEN-CENELEC publications
Ta slovenski standard je istoveten z: CEN/CLC Guide 10:2010
ICS:
01.120 Standardizacija. Splošna Standardization. General
pravila rules
SIST-V CEN/CLC Guide 10:2010 en,fr,de
2003-01.Slovenski inštitut za standardizacijo. Razmnoževanje celote ali delov tega standarda ni dovoljeno.

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SIST-V CEN/CLC Guide 10:2010

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SIST-V CEN/CLC Guide 10:2010











CEN/CENELEC Guide 10



Guidelines for the distribution and sales
of CEN-CENELEC publications

























The CEN and CENELEC General Assemblies decided to replace the CEN-CENELEC Guide 10 version 2001 with the
present Guide with CENELEC General Assembly decision of 26 October 2009 and CEN General Assembly Resolution of
19 November 2009.

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European Committee for European Committee for
Standardization Electrotechnical
Standardization
Avenue Marnixlaan 17
B – 1000 Brussels

Tel: +32 2 550 08 11 Tel: +32 2 519 68 71
Fax: +32 2 550 08 19 Fax: +32 2 519 69 19

www.cen.eu www.cenelec.eu

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CEN/CENELEC Guide 10 Guidelines for the distribution and sales of CEN/CENELEC publications



Guidelines for the distribution and sales
of CEN-CENELEC publications

Contents
1 Introduction and scope . . . 4
2 Terms and definitions . . . . 4
3 Guiding principles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
4 Copyright exploitation rights . . . 6
4.1 Protecting CEN-CENELEC copyright . 6
4.2 Members’ copyright exploitation rights . 6
5 Role of the CEN-CENELEC Management Centre . 7
5.1 Distribution . . . 7
5.1.1 Ratified texts . 7
5. 1. 2 W orkshop Agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
5.1.3 European standards and other publications . 7
5.2 Reproduction by third parties . 7
5.2.1 Fair use . 7
5.2.2 Other requests . 7
5.2.2.1 Official language versions . 7
5.2.2.2 Definitive language versions. 8
5.2.2.3 Adoption by the standards body of a third country . 8
6 Role of Members . . . . 8
6.1 Distribution . . . 8
6.1.1 Working drafts and committee drafts . 8
6.1.2 Drafts for public comment . 8
6.1.3 Ratified texts . 8
6.1.4 European Standards . 8
6.1.4.1 Endorsement method . 9
6.1.4.2 Publication method . 9
6.1.5 Other publications . 9
6. 1. 6 Considerations of language . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
6.1.6.1 Official language versions . 9
6.1.6.2 Definitive language versions. 9
6.1.7 National products containing Publications . 10
6.1.8 Distribution in the territories of other Members . 10
6.1.9 Distribution in third countries . 10
6.1.10 Electronic distribution to end users . 10
6.2 Reproduction by third parties . 11
6.2.1 Internal use (networking licences) . 11
6.2.2 Commercial use . 11
6.2.3 Translation . 11
7 Role of national and transnational distributors . 11
8 Role of Affiliates and Partner Standardization Bodies . 12

Annex 1 CEN-CENELEC publications . 13
Annex 2 Digital Rights Management . 15
Annex 3 Adoption and publication by the National Standards Body of a third country . 16
Annex 4 Elements of a network licence . 18
Annex 5 Elements of a distributor contract. 20



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1 Introduction and scope
This Guide sets out the policy for the distribution and sale of all CEN-CENELEC publications
in all formats, distributed by all media and in all language versions.
It is applicable to the CEN-CENELEC Management Centre, to CEN-CENELEC Members, to
Affiliates, to Partner Standardization Bodies and to any distributors or licensees of these
parties.
This CEN-CENELEC Guide 10:2010 replaces all previous versions of Guide 10.
2 Terms and definitions
For the purposes of this Guide, the following terms and definitions apply:
2.1
CEN-CENELEC
CEN or CENELEC or CEN and CENELEC jointly
NOTE Depending on the context.
2.2
CEN-CENELEC Management Centre
the central office in Brussels of CEN and CENELEC
2.3
Members
CEN national Members and CENELEC National Committees
2.4
copyright
The claim by CEN and/or CENELEC and their respective Members to the exploitation rights
in any CEN-CENELEC publication and its related metadata, including those rights assigned
directly by the authors of the CEN-CENELEC publications and those rights assigned by ISO,
IEC or other organizations involved in their development
2.5
copyright exploitation rights
rights given by CEN-CENELEC to the Members to exploit the content of the Publications
2.6
Publications
CEN-CENELEC publications defined in the CEN-CENELEC Internal Regulations, Part 2,
Clause 2 (including international standards adopted as European standards), together with
their national implementations and definitive language versions, ratified texts of publications
and any other publications as might from time to time be identified
NOTE See Annex 1.


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2.7
official language versions
texts prepared in English, French and German in accordance with the CEN-CENELEC
Internal Regulations
2.8
definitive language versions
Publications translated by a CEN-CENELEC Member, Affiliate or Partner Standardization
Body from an official language into its national language, the accuracy of which has been
certified in accordance with the CEN-CENELEC Internal Regulations
2.9
national territory
territory in which the Member has its principal seat of operations, together with any territories
belonging to the same state but outside its primary national borders
2.10
third countries
countries in which the national standards body is not a CEN-CENELEC Member, an Affiliate
or a Partner Standardization Body
2.11
national and transnational distributors
any third party appointed by Members to assist in distribution of Publications in their national
territory or in territories outside the CEN-CENELEC Members area
For the purposes of this Guide, a Member acting as a distributor for another Member shall not
be regarded as a transnational distributor.
3 Guiding principles
The fundamental objective of CEN-CENELEC and their Members is the widest possible
dissemination and use of their Publications throughout the world. The CEN-CENELEC
Management Centre and the Members have complementary roles in meeting this objective.
The CEN-CENELEC Management Centre is funded primarily through the subscriptions of the
CEN and CENELEC Members.
The Members are funded in accordance with their local statutes and rules, but the
commercial exploitation of the Publications is fundamental to the maintenance of the CEN-
CENELEC system as a whole.
A substantial part of the standardisation work is financed by voluntary and gratuitous
participation from businesses, through their participation in committees, financing of projects,
etc.
All Members have an obligation to protect the value of these Publications and ensure that
they and their national and transnational distributors and licensees are in full compliance with
the terms and procedures set out in this Guide.


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Any issues that are not covered by this Guide, or by related documents, shall be referred to
the CEN-CENELEC Director General.
The laws of Belgium shall be applicable in all matters concerning CEN-CENELEC copyright,
exploitation rights and sales and distribution policy.
4 Copyright exploitation rights
Copyright exploitation rights in Publications are assigned to CEN-CENELEC and their
Members by all the participants in their drafting.
4.1 Protecting CEN-CENELEC copyright
Exploitation of the copyright in Publications is fundamental to the maintenance of the CEN-
CENELEC system.
Members shall ensure that all Publications carry an appropriate copyright statement
safeguarding the CEN-CENELEC copyright.
It is a fundamental obligation of Members to take all reasonable measures, and take all such
action as may be allowed by their national laws, to prevent the misuse or infringement of the
CEN-CENELEC copyright in their national territories.
The CEN-CENELEC Management Centre shall assist Members in these actions.
4.2 Members’ copyright exploitation rights
Members have, within their own territory, the right to distribute, sub-distribute, adjust,
translate, rent, lend, derive revenue from duplication and loan, communicate to the public in
total or in part, in summary or with comments, transfer all exploitation licences and authorize
all sub-licences and otherwise exploit the Publications and their national implementations.
These exploitation rights cover all languages and all forms of exploitation known at present.
These rights may be shared with other organizations, such as ISO or IEC, in accordance with
the agreements that may from time to time exist between CEN-CENELEC and those
organizations. CEN-CENELEC shall ensure that the terms of any such agreements do not
infringe the sales and distribution rights set out in this Guide, except as may be authorized by
their respective Administrative Boards.
Members shall exercise these rights in accordance with the provisions of this Guide and in a
way that protects the integrity and value of the Publications, safeguards the interests of other
Members and recognizes the value of the intellectual property that they contain and the costs
to the CEN-CENELEC system of its development and maintenance.
In particular, Members shall not make Publications, including national implementations and
definitive language versions, available free of charge to general users without the specific
approval of the Administrative Boards of CEN and/or CENELEC.


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5 Role of the CEN-CENELEC Management Centre
5.1 Distribution
5.1.1 Ratified texts
The primary role of the CEN-CENELEC Management Centre is the distribution of ratified
texts of Publications in the three official language versions to the Members for the purpose of
national implementation.
5.1.2 Workshop Agreements
The CEN-CENELEC Management Centre is responsible for the distribution of those
Workshop Agreements which it was contractually agreed should be made available to the
general public free of charge.
5.1.3 European standards and other publications
The CEN-CENELEC Management Centre shall be responsible for the distribution of ratified
texts and other publications to the European Commission and to designated pan-European
organizations on terms that shall from time to time be agreed by their respective
Administrative Boards, on the advice of CEN/SD and CENELEC/COMPOL respectively.
5.2 Reproduction by third parties
5.2.1 Fair use
If the CEN-CENELEC Management Centre receives a request to reproduce a part of a
Publication and determines that it falls within the provisions of "fair use" it may permit the
reproduction, subject to an appropriate acknowledgment.
Fair use includes the reproduction of small extracts of Publications for promotion, review,
comment, analysis and other similar educational or informational purposes. These extracts
shall not exceed 10 % of the text of a Publication.
The CEN-CENELEC Management Centre may define fair use at its own discretion or, in case
of doubt, on the advice of CEN/SD or CENELEC/COMPOL.
5.2.2 Other requests
If the request does not fall within the provisions of "fair use" then the CEN-CENELEC
Management Centre will respond as follows:
5.2.2.1 Official language versions
If the request originates from within the territory of a CEN-CENELEC Member, then the
request shall be referred to that Member. If the request originates from any other territory,
then the CEN-CENELEC Management Centre Office shall respond on the advice of CEN/SD
or CENELEC/COMPOL, as appropriate.


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5.2.2.2 Definitive language versions
The request shall be referred to the Member responsible for that language version,
irrespective of the territory from which the request originates.
5.2.2.3 Adoption by the standards body of a third country
The CEN-CENELEC Management Centre shall be responsible for authorizing the adoption of
European Standards by the standards bodies of third countries, subject to the terms and
conditions set out in Annex 3, Adoption and publication by the National Standards Body of a
third country.
6 Role of Members
6.1 Distribution
The primary role of Members is to promote the use of the Publications in their national
territories. They shall maintain an efficient sales service for this purpose or shall inform
national customers where such a service may be obtained.
Their secondary role is to promote their use in territories outside the CEN-CENELEC
Members’ area.
6.1.1 Working drafts and committee drafts
The distribution of working drafts, committee drafts and other proceedings of CEN-CENELEC
technical bodies and Working Groups is generally restricted to the participants and observers
in those technical bodies and Working Groups and they shall not otherwise be distributed.
6.1.2 Drafts for public comment
Draft standards for public comment may be distributed in accordance with local rules and
practices.
6.1.3 Ratified texts
Ratified texts are primarily administrative documents distributed to Members for the purposes
of national implementation but they may be sold by Members as an interim measure pending
the publication of the national implementation.
6.1.4 European Standards
Members are obliged to implement European Standards as national standards and withdraw
all conflicting national standards in accordance with the CEN-CENELEC Internal Regulations.
Implementation may be by the endorsement method or by the publication method.
Distribution is dependent on the method of implementation.


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6.1.4.1 Endorsement method
European Standards implemented by endorsement must be announced in the national
journal and an endorsement sheet must be prepared in accordance with the CEN-CENELEC
Internal Regulations.
European Standards implemented by endorsement may be sold as ratified texts with the
endorsement sheet attached, in accordance with local rules and practices, subject to the
provisions of this Guide.
6.1.4.2 Publication method
European Standards implemented by publication of a national standard may be sold in
accordance with local rules and practices, subject to the provisions of this Guide.
6.1.5 Other publications
Other publications, such as Workshop Agreements, where there is no obligation to implement
nationally, may still be implemented nationally in accordance with the copyright exploitation
rights set out in 4.2 above. They may also be distributed in their original form.
In both cases, Members may distribute these publications without payment of a royalty to
CEN-CENELEC.
6.1.6 Considerations of language
6.1.6.1 Official language versions
Publications may be implemented nationally in any or all of the three official languages. No
royalties shall be paid to CEN-CENELEC on the sale of the national implementations in any
language version.
6.1.6.2 Definitive language versions
Members may translate a Publication into their national language(s), where that language is
not one of the three official languages, and certify the accuracy of the translation in
accordance with the CEN-CENELEC Internal Regulations. This is then deemed to be the
definitive language version of that Publication. There shall only be one definitive language
version of any Publication.
Where two or more Members share a common national language, which is not one of the
official languages, they shall agree between themselves on their respective responsibilities in
producing the definitive language version and inform the CEN-CENELEC Management
Centre of their agreement.
If a Member wishes to reproduce or sell a definitive language version prepared by another
Member, this shall be subject to an agreement with that Member and may involve payment of
a royalty agreed between them. This royalty may be symbolic.


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6.1.7 National products containing Publications
Members may prepare their own products containing Publications in accordance with the
copyright exploitation rights set out in 4.2 above and sell them, subject to the provisions of
this Guide.
6.1.8 Distribution in the territories of other Members
If a Member receives an order for a Publication, a national implementation of a Publication or
a product containing Publications, from a customer in the national territory of another
Member, then this order must be fulfilled in accordance with European competition law, but
Members shall not pursue a policy of active marketing of such Publications or products in the
national territory of any other Member.
In particular, they shall not engage in any advertising, whether by print, broadcasting or any
other electronic means, specifically aimed at that national territory, or establish any branch or
maintain any distribution depot for the distribution and sale of such Publications and products
in that territory, except by agreement with the Member concerned. Neither shall they actively
approach customers through marketing activity, or customer relations management, whether
by email, website push technology, sales force activity or similar, except by agreement with
the Member concerned.
For the purposes of this Guide, advertisement on a Member’s website shall not be considered
"active marketing".
By mutual agreement, one Member may act as a distributor for another Member, selling and
actively marketing that Member’s national implementations of Publications, or products
containing Publications, in its national territory on terms agreed between them.
6.1.9 Distribution in third countries
Members are free to market, distribute and sell Publications, national implementations, or
national products incorporating Publications, in any territories outside the CEN-CENELEC
Members’ area without restriction.
However, Members shall not establish or enter into agreements with distributors in third
countries, which would allow these distributors to actively market Publications within the
territory of any other Member. See also Clause 7.
6.1.10 Electronic distribution to end users
Publications and their national implementations distributed in electronic format shall only be
sold or leased to end users in non-revisable formats (e.g. PDF, HTML), unless the documents
are sufficiently protected by DRM or other protection technology.
Delivery may be offered by on-line, secure, closed, point-to-point connections (e.g. fax, email
or extranet), via transportable media (e.g. CD-ROM and DVD) or via on-line download from
the Members’ websites.


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All electronic delivery shall be subject to appropriate protection as set out in Annex 2, Digital
Rights Management, and be subject to a user licence, setting out the terms and conditions of
use.
6.2 Reproduction by third parties
6.2.1 Internal use (networking licences)
Members may license the reproduction and networking of Publications to end users in an
organization in accordance with their own policies.
All such agreements shall be subject to an appropriate licence setting out the terms and
conditions of use.
A specimen outline licence is appended as Annex 4, Elements of a network licence.
6.2.2 Commercial use
Members may license the reproduction of Publications in the commercial products of a third
party in accordance with their own policies, but the third party may not actively market those
products in the territories of other Members, without the agreement of the Members
concerned.
Members may supply Publications in a revisable format for this purpose, but because of the
possibility of the corruption of their content the reproductions shall not be deemed
authoritative.
6.2.3 Translation
Members may license third parties to translate their national implementations of Publications
into languages that are not the national languages of other Members, but such translations
shall not be deemed definitive and shall carry a disclaimer as to accuracy that references the
official or definitive language versions as authoritative in any cases of dispute. Members shall
not assign the copyright in these translations to the third party.
7 Role of national and transnational distributors
Members may appoint national or transnational distributors to sell, or reproduce for sale,
Publications, national implementations and national products containing Publications in their
own national territories or in territories outside the CEN-CENELEC Members’ area in
accordance with the provisions of this Guide and their own policies.
These distribution arrangements shall be subject to an appropriate contract that protects the
CEN-CENELEC copyright and safeguards the interests of other Members.
National and transnational distributors shall be contractually obliged to comply with the
relevant provisions of this Guide and Members shall be responsible for monitoring this
compliance.
An outline distributor contract is appended as Annex 5, Elements of a distributor contract.


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8 Role of Affiliates and Partner Standardization Bodies
The rights and obligations of Affiliates and Partner Standardization Bodies are set out in
CEN-CENELEC Guide 12 "The concept of Affiliation with CEN and CENELEC" and Guide 13
"The concept of Partner Standardization Body with CEN and CENELEC".



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Annex 1

CEN-CENELEC publications

CEN-CENELEC publications are those documents defined in the CEN-CENELEC Internal
Regulations, Part 2, as reproduced in this Annex, together with such other documents as may
from time to time be added by decision of the Administrative Boards of CEN and/or
CENELEC.
[Definition numbers as per Clause 2 of the CEN-CENELEC Internal Regulations, Part 2:]
2.5
European Standard (EN)
standard adopted by CEN/CENELEC and carrying with it an obligation of implementation as
an identical national standard and withdrawal of conflicting standards
NOTE The term "harmonized standard" is a term used in the context of the New Approach directives
2.6
Technical Specification (TS)
document adopted by CEN/CENELEC for which there is the future possibility of agreement
on a European Standard, but for which at present
• the required support for approval as a European Standard cannot be obtained,
• there is doubt about whether consensus has been achieved,
• the subject matter is still under technical development, or
• there is another reason precluding immediate publication as a European Standard.
2.7
Technical Report (TR)
document adopted by CEN/CENELEC containing informative material not suitable to be
published as a European Standard or a Technical Specification
NOTE A TR may include, for example, data obtained from a survey carried out amongst the CEN/CENELEC
national members, data on work in other organizations, or data on "state-of-the-art" in relation to national
standards on a particular subject
2.8
Guide
document published by CEN or CENELEC giving rules, orientation, advice or
recommendations relating to European standardization
NOTE Guides may address issues of interest to all users of documents published by CEN and CENELEC


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2.9
Harmonization Document (HD)
CENELEC standard that carries with it the obligation to be implemented at national level, at
least by public announcement of the HD number and title and by withdrawal of any conflicting
national standards
2.10
CEN-CENELEC Workshop Agreement (CWA)
CEN-CENELEC agreement, developed in a Workshop, which reflects the consensus of
identified individuals and organizations responsible fo
...