32 Amendments of Dita CHARANZOVÁ related to 2018/0111(COD)
Amendment 32 #
Proposal for a directive
Recital 1
Recital 1
(1) Directive 2003/98/EC of the European Parliament and of the Council28 has been substantially amended28a. Since further amendments are to be made, that Directive should be recast in the interests of clarity. _________________ 28 Directive 2003/98/EC of the European Parliament and of the Council of 17 November 2003 on the re-use of public sector information (OJ L 345, 31.12.2003, p. 90). 28a See Annex I, Part A.
Amendment 33 #
Proposal for a directive
Recital 4
Recital 4
(4) The substantive changes introduced to the legal text so as to fully exploit the potential of public sector information for the European economy and society focus on the following areas: the provision of real-time access to dynamic data via adequate technical means, increasing the supply of high-value public data for re-use, including from public undertakings, research performing organisations and research funding organisations, tackling the emergence of new forms of exclusive arrangements, the use of exceptions to the principle of charging the marginal cost and the relationship between this Directive and certain related legal instruments, including Directive 96/9/EC31, 2003/4/EC31a and Directive 2007/2/EC of the European Parliament and of the Council32 . _________________ 31 Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases (OJ L 77, 27.3.1996, p. 20). 31a Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EEC (OJ L 41/26, 14.2.2003). 32 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) (OJ L 108, 25.4.2007, p.1).
Amendment 38 #
Proposal for a directive
Recital 11
Recital 11
(11) Allowing the accessibility and re- use of documents held by a public sector body adds value for the re-users, for the end users and for society in general and in many cases for the public body itself, by promoting transparency and accountability and providing feedback from re-users and end users which allows the public sector body concerned to improve the quality of the information collected.
Amendment 39 #
Proposal for a directive
Recital 12
Recital 12
(12) There are considerable differences in the rules and practices in the Member States relating to the exploitation of public sector information resources, which constitute barriers to bringing out the full economic potential of this key document resource. Practice in public sector bodies in exploiting public sector information continues to vary among Member States . That should be taken into account. Minimum harmonisation of national rules and practices on the accessibility and re- use of public sector documents should therefore be undertaken, in cases where the differences in national regulations and practices or the absence of clarity hinder the smooth functioning of the internal market and the proper development of the information society in the Community.
Amendment 43 #
Proposal for a directive
Recital 16
Recital 16
(16) A general framework for the conditions governing re-use of public sector documents is needed in order to ensure fair, proportionate and non- discriminatory conditions for the accessibility and re-use of such informationdocuments. Public sector bodies collect, produce, reproduce and disseminate documents to fulfil their public tasks. Use of such documents for other reasons constitutes a re-use. Member States' policies can go beyond the minimum standards established in this Directive, thus allowing for more extensive re-use.
Amendment 51 #
Proposal for a directive
Recital 27
Recital 27
(27) Public sector bodies are increasingly making their documents available for access and re-use in a proactive manner, by ensuring online discoverability and actual availability of both metadata and the underlying content. Documents should also be made available for re-use following a request lodged by a re-user. In those cases, the time limit for replying to requests for re-use should be reasonable and in accordance with the equivalent time for requests to access the document under the relevant access regimes. Public undertakings, educational establishments, research performing organisations and research funding organisations should however be exempt from this requirement. Reasonable time limits throughout the Union will stimulate the creation of new aggregated information products and services at pan-European level. This is particularly important for dynamic data ( including traffic data , satellite data, weather data ), the economic value of which depends on the immediate availability of the information and of regular updates. Dynamic data should therefore be made available immediately after collection in real-time and without delay, via an Application Programming Interface so as to facilitate the development of internet, mobile and cloud applications based on such data. Whenever this is not possible due to technical or financial constraints, public sector bodies should make the documents available in a timeframe that allows their full economic potential to be exploited. Should a licence be used, the timely availability of documents may be a part of the terms of the licence.
Amendment 54 #
Proposal for a directive
Recital 28
Recital 28
(28) In order to get access to the data opened for re-use by this Directive, the use of suitable and well-designed Application Programming Interfaces (APIs) is needed. An API describes the kind of data can be retrieved, how to do this and the format in which the data will be received. It has different levels of complexity and can mean a simple link to a database to retrieve specific datasets, a web interface, or more complex set-ups. There is general value in re-using and sharing data via a suitable use of APIs as this will help developers and start-ups to create new services and products. It is also a crucial ingredient of creating valuable ecosystems around data assets that are often unused. The set-up and use of API needs to be based on several principles: stability, maintenance over lifecycle, uniformity of use and standards, user-friendliness as well as security. For dynamic data, meaning frequently updated data, often in real -time, public sector bodies and public undertakings shall make this available for re-use immediately after collection by ways of suitable APIs. (Should not be put to the vote)
Amendment 60 #
Proposal for a directive
Recital 32
Recital 32
(32) Charges for the access and re-use of documents constitute an important market entry barrier for start-ups and SMEs. Documents should therefore be made accessible and available for re-use without charges and, where charges are necessary , they should in principle be limited to the marginal costs. In exceptional cases , the necessity of not hindering the normal running of public sector bodies that are required to generate revenue to cover a substantial part of their costs relating to the performance of their public tasks should be taken into consideration. The role of public undertakings in a competitive economic environment should also be acknowledged. In such cases, public sector bodies and public undertakings should therefore be able to charge above marginal costs. Those charges 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. Where applicable, the costs of anonymisation of personal data or of commercially sensitive information should also be included in the eligible cost. The requirement to generate revenue to cover a substantial part of the public sector bodies’ costs relating to the performance of their public tasks or the scope of the services of general interest entrusted with public undertakings does not have to be a legal requirement and may stem, for example, from administrative practices in Member States. Such a requirement should be regularly reviewed by the Member States.
Amendment 62 #
Proposal for a directive
Recital 36
Recital 36
(36) Ensuring that the conditions for access and re- use of public sector documents are clear and publicly available is a pre-condition for the development of a Union-wide information market. Therefore all applicable conditions for the access and re-use of the documents should be made clear to the potential re-users. Member States should encourage the creation of indices accessible on line, where appropriate, of available documents so as to promote and facilitate requests for re- use. Applicants for access and re-use of documents held by entities other than public undertakings, educational establishments, research performing organisations and research funding organisations should be informed of available means of redress relating to decisions or practices affecting them. This will be particularly important for SMEs which may not be familiar with interactions with public sector bodies from other Member States and corresponding means of redress.
Amendment 63 #
Proposal for a directive
Recital 37
Recital 37
(37) The means of redress should include the possibility of review by an impartial review body. That body could be an already existing national authority, such as the national competition authority, the national access to documents authority or a national judicial authority. That body should be organised in accordance with the constitutional and legal systems of Member States and should not prejudge any means of redress otherwise available to applicants for access and re-use. It should however be distinct from the Member State mechanism laying down the criteria for charging above marginal costs. The means of redress should include the possibility of review of negative decisions but also of decisions which, although permitting re-use, could still affect applicants on other grounds, notably by the charging rules applied. The review process should be swift, in accordance with the needs of a rapidly changing market.
Amendment 66 #
Proposal for a directive
Recital 52
Recital 52
(52) Tools that help potential re-users to find documents available for access and re-use and the conditions for re-use can facilitate considerably the cross-border use of public sector documents. Member States should therefore ensure that practical arrangements are in place that help re-users in their search for documents available for re-use. Assets lists, accessible preferably online, of main documents (documents that are extensively re-used or that have the potential to be extensively re-used), and portal sites that are linked to decentralised assets lists are examples of such practical arrangements.
Amendment 82 #
Proposal for a directive
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
1a. This Directive shall guarantee the right to access and/or to re-use documents held by or for public sector bodies and sets out the basic terms and conditions of, and the practical arrangements for, its exercise.
Amendment 88 #
Proposal for a directive
Article 1 – paragraph 6
Article 1 – paragraph 6
6. This Directive governs the re-use of existing documents held by public sector bodies of the Member States, including documents to which Directive 2007/2/EC of the European Parliament and of the Council46 appliesnd Directive 2003/4/EC of the European Parliament and of the Council46a apply. _________________ 46 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) (OJ L 108, 25.4.2007, p. 1). 46a Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EEC (OJ L 41/26, 14.2.2003).
Amendment 91 #
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Subject to paragraph 2 Member States shall ensure that documents to which this Directive applies in accordance with Article 1 shall be accessible and/or re- usable for commercial or non-commercial purposes in accordance with the conditions set out in Chapters III and IV.
Amendment 92 #
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. For documents in which libraries, including university libraries, museums and archives hold intellectual property rights and for documents held by public undertakings , Member States shall ensure that, where the access and/or re-use of such documents is allowed, these documents shall be accessible and/or re- usable for commercial or non-commercial purposes in accordance with the conditions set out in Chapters III and IV.
Amendment 93 #
Proposal for a directive
Article 3 a (new)
Article 3 a (new)
Article 3a Quality of documents 1. Member States shall, so far as is within their power, ensure that any document that is compiled by them or on their behalf is up to date, accurate and comparable. 2. Upon request, public sector bodies shall reply to requests for the accessibility and/or the re-use of documents, reporting to the applicant on the place where information, if available, can be found on the measurement procedures, including methods of analysis, sampling, and pre- treatment of samples, used in compiling the information, or referring to a standardised procedure used.
Amendment 94 #
Proposal for a directive
Chapter 2 – title
Chapter 2 – title
ACCESS TO DOCUMENTS AND/OR REQUESTS FOR RE-USE
Amendment 95 #
Proposal for a directive
Article 4 – title
Article 4 – title
4. Requirements applicable to requests for access to documents and/or the processing of requests for re-use
Amendment 96 #
Proposal for a directive
Article 4 – paragraph -1 (new)
Article 4 – paragraph -1 (new)
-1. Member States shall ensure that public sector bodies are required, in accordance with the provisions of this Directive, to make available documents held by or for them to any applicant upon request and without having to state an interest.
Amendment 97 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Public sector bodies shall, through electronic means where possible and appropriate, process requests for access to documents and/or for their re-use and shall make the document available for re- use to the applicant or, if a licence is needed for re- use, finalise the licence offer to the applicant within a reasonable time that is consistent with the time-frames laid down for the processing of requests for access to documents.
Amendment 98 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Where no time limits or other rules regulating the timely provision of documents have been established, public sector bodies shall process the request and shall deliver the documents for re-use to the applicant or, if a licence is needed for re-use, finalise the licence offer to the applicant as soon as possible or, at the latest, within a timeframe of not more than 20 working days after its receipt. This timeframe may be extended by another 20 working days for extensive or complex requests. In such cases the applicant shall be notified as soon as possible, and in any case within three weeks after the initial request that more time is needed to process it and of the reasons for it.
Amendment 99 #
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. In the event of a negative decision, the public sector bodies shall communicate the groundreasons for refusaling, in full or in part, access to and/or re-use of a document, to the applicant on the basis of the relevant provisions of the access regime in that Member State or of the national provisions adopted pursuant to this Directive, in particular points (a) to (g) of Article 1(2) or Article 3. Where a negative decision is based on point (c) of Article 1(2), the public sector body shall include a reference to the natural or legal person who is the rightholder, where known, or alternatively to the licensor from which the public sector body has obtained the relevant material. Libraries, including university libraries, museums and archives shall not be required to include such a reference.
Amendment 100 #
Proposal for a directive
Article 4 – paragraph 3 a (new)
Article 4 – paragraph 3 a (new)
3a. The reasons for a refusal to make documents available, in full or in part, in the form or format requested shall be provided to the applicant within 20 working days.
Amendment 101 #
Proposal for a directive
Article 4 – paragraph 3 b (new)
Article 4 – paragraph 3 b (new)
3b. Member States may also provide for a request for the access to or re-use of documents to be refused if: (a) the document requested is not held by or for the public sector body to which the request is addressed. In such a case, where that public sector body is aware that the document is held by or for another public sector body, it shall, as soon as possible, transfer the request to that other body and inform the applicant accordingly or inform the applicant of public sector body to which it believes it is possible to apply for the document requested; (b) the request is manifestly unreasonable; (c) the request is formulated in a too general manner; (d) the request concerns material in the course of completion or unfinished documents or data; (e) the request concerns internal communications, taking into account the public interest served by disclosure and General Data Protection Regulation46b; (f) the request is outside the scope of this Directive, in accordance with Article 1, paragraph 2. If a request for a document is formulated in a too general manner, the public sector body shall as soon as possible, and at the latest within 20 working days, ask the applicant to specify the request and shall assist the applicant in doing so, for example by providing information on the use of the public registers referred to in paragraph 4a. Where a request is refused on the basis that it concerns material in the course of completion, the public sector body shall state the name of the public sector body preparing the material and the estimated time needed for completion. Documents held by or for public sector bodies which has been requested by an applicant shall be made available in part where it is possible to separate out any document falling within the scope of points (d) to (f) from the rest of the documents requested. _________________ 46b Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).
Amendment 102 #
Proposal for a directive
Article 4 – paragraph 3 c (new)
Article 4 – paragraph 3 c (new)
3c. The reasons for refusing a request for the access to or re-use of documents mentioned in paragraph 3b and Article 1(2) shall be interpreted in a restrictive way, taking into account for the particular case the public interest served by disclosure. In every particular case, the public interest served by disclosure shall be weighed against the interest served by the refusal.
Amendment 103 #
Proposal for a directive
Article 4 – paragraph 3 d (new)
Article 4 – paragraph 3 d (new)
3d. Where a Member State provides for exceptions, it may draw up a publicly accessible list of criteria on the basis of which the body concerned may decide how to handle requests.
Amendment 104 #
Proposal for a directive
Article 4 – paragraph 4 a (new)
Article 4 – paragraph 4 a (new)
4a. For the purposes of this Article, Member States shall ensure that: (a) officials are required to support the public in seeking access to documents; (b) lists of public sector bodies are publicly accessible; and (c) the practical arrangements are defined for ensuring that the right of access to documents and their re-use can be effectively exercised, such as: – the designation of information officers; – the establishment and maintenance of facilities for the examination of the documents required, – registers or lists of documents held by public sector bodies or information points, with clear indications of where such documents can be found. Member States shall ensure that public sector bodies inform the public adequately of the rights they enjoy as a result of this Directive and to an appropriate extent provide information, guidance and advice to this end.
Amendment 105 #
Proposal for a directive
Article 5 – paragraph 1 – subparagraph 1 (new)
Article 5 – paragraph 1 – subparagraph 1 (new)
For the purposes of this paragraph, public sector bodies shall make all reasonable efforts to maintain documents held by or for them in forms or formats that are readily reproducible and accessible by electronic means.
Amendment 106 #
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Public sector bodies and public undertakings shall make dynamic data available for re-use immediately after collection, in real-time and without delay wherever possible, via suitable Application Programming Interfaces (APIs).
Amendment 107 #
Proposal for a directive
Article 5 – paragraph 5
Article 5 – paragraph 5
5. Where making available documents immediately after collection in real-time and without delay would exceed the financial and technical capacities of the public sector body or the public undertaking, documents referred to in paragraph 4 shall be made available in a timeframe that does not unduly impair the exploitation of their economic potential. The exact delay timeframe and update frequency shall be notified to users of such documents.
Amendment 110 #
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. RAccess to and the re-use of documents shall be free of charge or limited to the marginal costs incurred for their reproduction, provision and dissemination , and – where applicable – anonymisation of personal data and measures taken to protect commercially confidential information .
Amendment 128 #
1a. The list pursuant to paragraph 1 shall include any and all spatial information which is subject of Directive 2007/2/EC.