Activities of Salvador SEDÓ i ALABART related to 2011/0430(COD)
Plenary speeches (1)
Re-use of public sector information (debate)
Shadow reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council amending Directive 2003/98/EC on re-use of public sector information PDF (523 KB) DOC (779 KB)
Amendments (17)
Amendment 33 #
Proposal for a directive
Recital 11
Recital 11
(11) To facilitate re-use, public sector bodies should make documents available through technology-neutral machine readable formats and together with their metadata where possible and appropriate, in a format that ensures interoperability , e.g. by processing them in a way consistent with the principles governing the compatibility and usability requirements for spatial information under Directive 2007/2/EC of the European Parliament and of the Council of 14 March 2007 establishing an Infrastructure for Spatial Information in the European Community (INSPIRE)23
Amendment 36 #
Proposal for a directive
Recital 12
Recital 12
(12) Where charges are made for supplying and allowing the re-use of documents, they should in principle be limited to the marginal costs incurred for their reproduction and dissemination, unless exceptionally justified according to objective, transparent and verifiable criteria. T. However, the necessity of not hindering the normal running of public sector bodies that are required to covering a substantial part of the operatingir costs relating to the performance of their public task from the exploitation of their intellectual property rights should notably be taken into considerationas well as the normal running of libraries, museums and archives should notably be taken into consideration. Those public sector bodies should be allowed to charge higher charges for re-use. Such charges above marginal costs should be set according to objective, transparent and verifiable criteria and the total income from supplying and allowing re-use of documents should not exceed the cost of collection, production, reproduction and dissemination, together with a reasonable return on investment. The burden of proving that charges are cost-oriented and comply with relevant limitscriteria should lie with the public sector body charging for the re- use of documents.
Amendment 54 #
Proposal for a directive
Article 1 – point 1 – point 3 a (new)
Article 1 – point 1 – point 3 a (new)
Directive 2003/98/EC
Article 1– paragraph 3
Article 1– paragraph 3
(3a) In Article 1, paragraph 3 is replaced by the following: “3. This Directive builds on and is without prejudice to access regimes in the Member States.”
Amendment 59 #
Proposal for a directive
Article 1 – point 2
Article 1 – point 2
Directive 2003/98/EC
Article 2 – point 6
Article 2 – point 6
6. “"machine-readable”" means that digital documents are sufficiently structured forso that software applications to identify reliably individual statements of fact and their internal structurecan, in a technology-neutral manner, extract individual data which are of interest.
Amendment 67 #
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 2003/98/EC
Article 3 – paragraph 1
Article 3 – paragraph 1
(1) Subject to paragraph (2) Member States shall ensure that documents of public sector bodies referred to in Article 1 shall be re-usable for commercial or non- commercial purposes in accordance with the conditions set out in Chapters III and IV.
Amendment 80 #
Proposal for a directive
Article 1 – point 6 – point 1
Article 1 – point 6 – point 1
Directive 2003/98/EC
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Where charges are made for the re-use of documents, the total amount charged by public sector bodies shall be limited to the marginal costs incurred for their reproduction, provision and dissemination.
Amendment 83 #
Proposal for a directive
Article 1 – point 6 – point 1
Article 1 – point 6 – point 1
Directive 2003/98/EC
Article 6 – paragraph 2
Article 6 – paragraph 2
2. In exceptional cases, in particular where public sector bodies generate a substantial part of their operating costs relating to the performance of their public service tasks from the exploitation of their intellectual property rights, public sector bodies may be allowed to charge for the re-use of documents over and above the marginal costs, according to objective, transparent and verifiable criteria, provided this is in the public interest and subject to the approval of the independent authority referred to in Article 4(4), and without prejudice to paragraphs 3 and 4 of this ArticleParagraph 1 shall not apply to the following: (a) Public sector bodies that are required to generate revenue to cover a substantial part of the costs of collection, production, reproduction and dissemination of documents. (b) Libraries (including university libraries), museums and archives.
Amendment 88 #
Proposal for a directive
Article 1 – point 6 – point 1
Article 1 – point 6 – point 1
Directive 2003/98/EC
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 93 #
Proposal for a directive
Article 1 – point 6 – point 2
Article 1 – point 6 – point 2
Directive 2003/98/EC
Article 6 – paragraph 4
Article 6 – paragraph 4
(2) The existing text of Article 6 becomes paragraph 4.Where charges are made under paragraph 2, the total charges shall be set according to objective, transparent and verifiable criteria and the total income from supplying and allowing re-use of documents shall not exceed the cost of collection, production, reproduction, dissemination, preservation and rights clearance, together with a reasonable return on investment. Charges should be cost-oriented over the appropriate accounting period and calculated in line with the accounting principles applicable to the public sector bodies involved
Amendment 95 #
Proposal for a directive
Article 1 – point 6 – point 2 a (new)
Article 1 – point 6 – point 2 a (new)
Directive 2003/98/EC
Article 6 – paragraph 4 a (new)
Article 6 – paragraph 4 a (new)
(2 a) The following paragraph shall be inserted : "4a. Member States shall designate the appropriate body or appropriate bodies, other than the public sector body itself, competent to lay down the criteria for charging above marginal costs as laid out in paragraph 4.".
Amendment 96 #
Proposal for a directive
Article 1 – point 6 – point 3
Article 1 – point 6 – point 3
Directive 2003/98/EC
Article 6 – paragraph 5
Article 6 – paragraph 5
Amendment 104 #
Proposal for a directive
Article 1 – point 9
Article 1 – point 9
Directive 2003/98/EC
Article 9
Article 9
Member States shall ensurfacilitate that practical arrangements facilitatingor the cross- lingual search for documents available for re-use are in place, such as asset lists of main documents with relevant metadata, accessible preferably online and inin technology-neutral, machine-readable format, and portal sites that are linked to decentralised asset lists.
Amendment 106 #
Proposal for a directive
Article 1 – point 9 a (new)
Article 1 – point 9 a (new)
Directive 2003/98/EC
Article 9 a (new)
Article 9 a (new)
9a. The following article is inserted: "Article 9a In order to contribute to a consistent implementation of this Article, the Commission may adopt guidelines with a list of recommended datasets available for re-use."
Amendment 107 #
Proposal for a directive
Article 1 – point 9 a (new)
Article 1 – point 9 a (new)
Directive 2003/98/EC
Article 11 – paragraph 2
Article 11 – paragraph 2
9a. In Article 11, paragraph 2 is replaced by the following: '2. Notwithstanding paragraph 1, where an exclusive right is necessary for the provision of the service in the public interest, the validity of the reason that justified the authorization of the exclusive right will have to be reconsidered every year, except in those cases in which the inversion involves a pay-back superior to the year in which it will have to be reconsidered at least every three years. The exclusive arrangements established after the entry into force of this Directive shall be transparent and made public.'
Amendment 110 #
Proposal for a directive
Article 1 – point 9 b (new)
Article 1 – point 9 b (new)
Directive 2003/98/EC
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
9b. In Article 11, the following paragraph is inserted: '2a. Notwithstanding paragraph 1, where an exclusive right is granted in connection with the commercial exploitation which is necessary in order to digitise cultural collections, the commercial exploitation shall not continue for longer than seven years. During this period, the exclusive right need not be reviewed. The exclusive arrangements established after the entry into force of this Directive shall be transparent and made public. Where an exclusive right relating to the preferential commercial exploitation necessary to digitise cultural resources exists, the public sector body shall be provided with a copy of the digitised cultural resources as part of that agreement, and any term of that agreement shall be void in so far as it purports to restrict the re-use, after the termination of the agreement, of a digital copy of a cultural resource that was in the public domain before the agreement was made.'
Amendment 114 #
Proposal for a directive
Article 1 – point 10
Article 1 – point 10
Directive 2003/98/EC
Article 11 – paragraph 3
Article 11 – paragraph 3
10. In Article 11 (Prohibition of exclusive arrangements), the following sentence is added at the end of paragraph 3: ‘However, such arrangements involving cultural establishments and university libraries shall be terminated at the end of the contract or in any case not later than 31 December 20XX [6 years after entry into force of the paragraph 3 is replaced by the following: "3. Existing exclusive arrangements that do not qualify for the exception under paragraph 2 shall be terminated at the end of the contract or in any case not later than 31 December 2008. As for existing arrangements involving libraries (including university libraries), museums and archives, only arrangements concluded after 1 January 2012 shall be subject to the limitations of duration pursuant to this Directive].’ ."
Amendment 118 #
Proposal for a directive
Article 1 – point 10
Article 1 – point 10
Directive 2003/98/EC
Article 11 – paragraph 3
Article 11 – paragraph 3