First, in view of the consequences of the legal basis in terms of substantive competence and procedure, the choice of the correct legal basis is of constitutional importance.

The humanitarian aid of the European Union (EU) is provided through programmes and projects supported by the European Community, which can finance the purchase and delivery of all products, materials and services necessary for their implementation in accordance with Council Regulation (EC) No 1257/96, the legal basis for DG ECHO and FPAs.

First, in view of the consequences of the legal basis in terms of substantive competence and the procedure, the choice of the correct legal basis is of constitutional importance.

At EU level some of these challenges are addressed by Directive 2003/98 on the reuse of public sector information, while Recommendation 2011/711/EU on the digitisation and online accessibility of cultural material and digital preservation calls on Member States to promote the availability of databases with rights information, connected at European level (such as ARROW), and to create the legal framework conditions to underpin licensing mechanisms for the large-scale digitisation and cross-border accessibility of works that are out-of-commerce.

Therefore, the reference to an investment in tradable securities or other financial instruments based on repackaged loans should not be interpreted strictly as a legally valid and binding transfer of title with respect to such instruments, but as an investment made in a material economic sense so that any other forms of synthetic investments should be covered and subject to the specific requirements.

This objective will be reached with the adoption of a harmonised procedure for propagating material certification and the creation of a legal basis which will provide increased guarantees for the identification of the varieties and material on the market.