Article 11 and recital 42 of the CDSM Directive state that governments must, ‘consult rightholders, collective management organisations and cultural heritage institutions in each sector before establishing specific requirements (...)’ in the area of out of commerce works.
These stakeholder dialogues should be prompted by each national government, most likely after the completion of the transposition of the Directive. They should be sector-specific (various dialogues should run in parallel) and should have representation from the cultural heritage sector, collective management organisations, and rights holders.
According to the Directive, these dialogues should be used to agree on possible best practices to determine what materials are out of commerce; ensure the relevance, adequacy of terms and publicity of licences; and provide legal certainty with regard to the representativeness of collective management organisations and the categorisation of works.
You can read more about the stakeholder dialogues in the questions that follow, in this post, as well as in the IFRRO guide, the Communia guidelines and the Guide for Libraries and Library Associations by EBLIDA, IFLA, LIBER and SPARC Europe.