1. The Commission shall review the Union compulsory licence upon a reasoned request by the right holder or the licensee, or on its own initiative, and shall, where necessary, modify the content of the licence as referred to in Article 8 by means of an implementing act.
Without prejudice to the Commission’s obligation laid down in Article 8, points (a) and (b), to identify the intellectual property rights and the right holders before granting the Union compulsory license, the Commission shall modify the Union compulsory licence, where necessary, to update the list of intellectual property rights and right holders covered by the Union compulsory licence. That modification shall, where appropriate, have a retroactive effect.
2. Where the Commission is considering updating the list of rights and right holders covered by the Union compulsory licence, it shall inform the right holders concerned and invite them to submit comments on the possibility of reaching, within a reasonable timeframe, a voluntary licensing agreement with the licensee, as well as comments on the amount of the adequate remuneration.
3. The Commission shall terminate a Union compulsory licence by means of an implementing act where the circumstances which led to it being granted cease to exist and are unlikely to recur.
The Commission may terminate a Union compulsory licence by means of an implementing act where the licensee fails to comply with the obligations laid down in this Regulation.
4. Where a Union compulsory licence is terminated in accordance with paragraph 3 of this Article or where it expires in accordance with Article 5(1), point (g), the Commission shall notify the right holder and the licensee accordingly. Where appropriate, advance notification shall be provided to enable the orderly completion by the licensee of the activities relating to the crisis-relevant products covered by the Union compulsory licence.
5. Where the Commission is considering modifying or terminating a Union compulsory licence, it shall consult the competent advisory body.
6. Where a Union compulsory licence is terminated in accordance with paragraph 3 of this Article or where it expires in accordance with Article 5(1), point (g), the Commission may require that the licensee, within a reasonable period of time, arrange for any crisis-relevant products in its possession, custody, power or control to be redirected or otherwise disposed of, at the expense of the licensee and in the manner determined by the Commission in consultation with the right holder and the licensee.
7. The implementing acts referred to in paragraphs 1 and 3 of this Article shall be adopted in accordance with the examination procedure referred to in Article 23(2).
On duly justified imperative grounds of urgency relating to the impact of the crisis or emergency, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 23(3).
When adopting the implementing acts referred to in paragraphs 1 and 3 of this Article, the Commission shall ensure that confidential information is protected and shall duly consider the rights and interests of the right holder and the licensee.
Text as published in the Official Journal, reproduced verbatim (including any typographical quirks of the source). For the authentic version, see EUR-Lex.