52 Amendments of Dominique BILDE related to 2018/0111(COD)
Amendment 16 #
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 where appropriate from public undertakings performing a task of general interest, 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 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). 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 18 #
Proposal for a directive
Recital 5
Recital 5
Amendment 19 #
Proposal for a directive
Recital 6
Recital 6
(6) The public sector in the Member States collects, produces, reproduces and disseminates a wide range of information in many areas of activity, such as social, economic, geographical, weather, tourist, business, patent and educational information. Documents produced by public sector bodies of executive, legislative or judicial nature constitute a vast, diverse and valuable pool of resources that can benefit the knowledge economy, but that may also, particularly with regard to information from the legal system, contain sensitive personal data.
Amendment 21 #
Proposal for a directive
Recital 7
Recital 7
(7) Directive 2003/98/EC of the European Parliament and of the Council of 17 November 2003 on the re-use of public sector information established a minimum set of rules governing the re-use and the practical means of facilitating re-use of existing documents held by public sector bodies of the Member States, including executive, legislative and judicial bodies. Since the adoption of the first set of rules on re-use of public sector information , the amount of data in the world, including public data, has increased exponentially and certain States, for instance France in particular, now fare very well in terms of “open data”, and new types of data are being generated and collected. In parallel, we are witnessing a continuous evolution in technologies for analysis, exploitation and processing of data. This rapid technological evolution makes it possible to create new services and new applications, which are built upon the use, aggregation or combination of data, as well as technological developments that make it possible for instance to circumvent the anonymisation of information. The rules originally adopted in 2003 and later amended in 2013 no longer keep pace with these rapid changes and as a result the economic and social opportunities offered by re-use of public data risk being missed.
Amendment 22 #
Proposal for a directive
Recital 8
Recital 8
(8) The evolution towards a data-based society influences the life of every citizen in the Community, among other things , by enabling them to gain new ways of accessing and acquiring knowledge, but also threatens certain basic values regarding the right to privacy and the protection of personal data laid down in Articles 7 and 8 of the Charter of Fundamental Rights of the European Union, since the online posting of personal, and more specifically sensitive data may cause considerable harm to citizens of Member States.
Amendment 23 #
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) The so-called right ‘to oblivion’ or digital dereferencing now defined under Article 17 of Regulation 2016/679/UE (‘RGPD’) has not always been applied satisfactorily in the European Union, since in France, before the RGDP entered into force, 70% of all dereferencing requests were rejected by Google, and by consequence the publication of an increasing amount of information from the public sector calls for a prior application of anonymisation measures in line with current progress in re- identification technologies so as to ensure strict protection of citizens’ personal data.
Amendment 24 #
Proposal for a directive
Recital 9
Recital 9
(9) Digital content plays an important role in this evolution. Content production has given rise to rapid job creation in recent years and continues to do so. Most of these jobs are created by innovative start-ups and SMEs, without however compensating for jobs destroyed in other sectors since the economic crisis, in particular as far as employment quality is concerned.
Amendment 25 #
Proposal for a directive
Recital 10
Recital 10
(10) One of the principal aims of the establishment of an internal market is the creation of conditions conducive to the development of Union-wide services. Public sector information is an important primary material for digital content products and services and will become an even more important content resource with the development of wireless content services. Broad cross-border geographical coverage will also be essential in this context. Wide possibilities of re-using public sector information should inter alia allow European companies to exploit its potential and contribute to economic growth and job creation, provided that such use does not contribute to giving private enterprises an advantage over public enterprises by allowing them to benefit from public sector information obtained at low cost and to enter into competition with said public enterprises.
Amendment 26 #
Proposal for a directive
Recital 11
Recital 11
(11) Allowing re-use of documents held by a public sector body and that pertain to tasks or services of general interest to the body can 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. Such re-use must however not allow strategic information to be made available to the benefit of private companies that are in competition with the aforementioned public enterprises.
Amendment 28 #
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 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 30 #
Proposal for a directive
Recital 13
Recital 13
(13) Open data policies which encourage the wide availability and re-use of public sector information for private or commercial purposes, with minimal or no legal, technical or financial constraints, and which promote the circulation of information not only for economic operators but also for the public, can play an important role in kick-starting the development of new services based on novel ways to combine and make use of such information, stimulate economic growth and promote social engagement, but can also have adverse consequences on data protection on the one hand and on a level playing field between competing companies in the private and public sectors on the other hand.
Amendment 31 #
Proposal for a directive
Recital 14
Recital 14
Amendment 32 #
Proposal for a directive
Recital 15 (new)
Recital 15 (new)
new(15) Member States have established re-use policies under Directive 2003/98/EC and some of them have been adopting ambitious open data approaches to make re-use of accessible public data easier for citizens and companies beyond the minimum level set by that Directive. To prevent different rules in different Member States acting as a barrier to the cross-border offer of products and services, and to enable comparable public data sets to be re-usable for pan- European applications based on them, a minimum harmonisation is required to determine what public data are available for re-use in the internal information market, consistent with the relevant access regime. The provisions of Union and national law that go beyond these minimum requirements, notably in cases of sectoral legislation, should continue to apply. Examples of provisions that exceed the minimum harmonisation level of this Directive include lower thresholds for permissible charges for re-use than the thresholds foreseen in Article 6 or less restrictive licensing terms than those referred to in Article 8. Notably, this Directive should be without prejudice to provisions that exceed the minimum harmonisation level of this Directive as laid down in Commission delegated regulations adopted under Directive 2010/40/EU of the European Parliament and of the Council on the framework for the deployment of Intelligent Transport Systems in the field of road transport and for interfaces with other modes of transport.
Amendment 33 #
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 re-use of such information. Public sector bodies performing tasks or services of general interest 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 35 #
Proposal for a directive
Recital 17
Recital 17
(17) This Directive should apply to documents the supply of which forms part of the general-interest public tasks of the public sector bodies concerned, as defined by law or by other binding rules in the Member States. In the absence of such rules the public tasks should be defined in accordance with common administrative practice in the Member States, provided that the scope of the public tasks is transparent and subject to review. The public tasks could be defined generally or on a case- by-case basis for individual public sector bodies.
Amendment 36 #
Proposal for a directive
Recital 18 (new)
Recital 18 (new)
Amendment 38 #
Proposal for a directive
Recital 19
Recital 19
(19) The Directive lays down an obligationcreates an incentive for Member States to make all documents re-usable unless access is restricted or excluded under national rules on access to documents and subject to the other exceptions laid down in this Directive. The Directive builds on the existing access regimes in the Member States and does not change the national rules for access to documents. It does not apply in cases in which citizens or companies can, under the relevant access regime, only obtain a document if they can prove a particular interest. At Union level, Articles 41 (right to good administration) and 42 of the Charter of Fundamental Rights of the European Union recognise the right of any citizen of the Union and any natural or legal person residing or having its registered office in a Member State to have access to European Parliament, Council and Commission documents. Public sector bodies should be encouraged to make available for re-use any documents held by them that pertain directly to their services or tasks of general interest. Public sector bodies should promote and encourage re- use of documents, including official texts of a legislative and administrative nature in those cases where the public sector body has the right to authorise their re-use.
Amendment 39 #
Proposal for a directive
Recital 20
Recital 20
(20) The Member States often entrust the provision of services in the general interest with entities outside of the public sector while maintaining a high degree of control over such entities. At the same time, the provisions of the Directive 2003/98/EC apply only to documents held by public sector bodies, while excluding public undertakings from its scope. This leads to a poor availability for re-use of documents produced in the performance of services in the general interest in a number of areas, notably in the utility sectors. It also greatly reduces the potential for the creation of cross-border services based on documents held by public undertakings that provide services in the general interest.
Amendment 42 #
Proposal for a directive
Recital 23
Recital 23
(23) The volume of research data generated is growing exponentially and has potential for re-use beyond the scientific community. In order to be able to address mounting societal challenges efficiently and in a holistic manner, it has become crucial and urgent to be able to access, blend and re-use data from different sources, as well as across sectors and disciplines. Research data includes statistics, results of experiments, measurements, observations resulting from fieldwork, survey results, interview recordings and images. It also includes meta-data, specifications and other digital objects. Research data is different from scientific articles reporting and commenting on findings resulting from their scientific research. For many years, the open availability and re-usability of scientific research results stemming from public funding has been subject to specific policy initiatives. Open access policies aim in particular to provide researchers and the public at large with access to research data as early as possible in the dissemination process and to enable its use and re-use. Open access helps enhance quality, reduce the need for unnecessary duplication of research, speed up scientific progress, combat scientific fraud, and it can overall favour economic growth and innovation. It must however not affect scientific research, for instance with regard to the confidentiality of certain information of a commercial nature or of an overriding public interest, or the intellectual property of third parties. Beside open access, data management planning is swiftly becoming a standard scientific practice for ensuring data that is findable, accessible, interoperable and re- usable (FAIR principles).
Amendment 43 #
Proposal for a directive
Recital 24
Recital 24
(24) For the reasons explained above, it is appropriate to set an obligation on Member States to adopt open access policies with respect to publicly-funded research results and ensure that such policies are implemented by all research performing organisations and research funding organisations. Open access policies typically allow for a range of exceptions from making scientific research results openly available. On 17 July 2012, the Commission adopted a Recommendation on access to and preservation of scientific information, updated on 25 April 201834, and describing, among other things, relevant elements of open access policies. Additionally, the conditions, under which certain research results can be re-used, should be improved. For this reason, certain obligations stemming from this Directive should be extended to research data resulting from scientific research activities subsidised by public funding or co-funded by public and private-sector entities. However, in this context, concerns in relation to privacy, protection of personal data, trade secrets, national security, legitimate commercial interests and to intellectual property rights of third parties should be duly taken into account. In order to avoid any administrative burden, such obligations should only apply to such research data that have already been made publicly available by researchers and should be left to the discretion of Member States. Other types of documents held by research performing organisations and research funding organisations should continue to be exempt from the scope of application of this Directive. _________________ 34 COM(2018) 2375. COM(2018) 2375.
Amendment 46 #
Proposal for a directive
Recital 27
Recital 27
(27) Public sector bodies are increasingly making their documents available for 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 regimesallow an appropriate assessment of the request from the public entity concerned. 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 insofar as possible be made available immediately after collection, 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 47 #
Proposal for a directive
Recital 32
Recital 32
(32) Charges for the re-use of documents constitute an important market entry barrier for start-ups and SMEs. Documents should therefore be made 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 casesWhenever they deem it necessary for the purposes of performing their task or services of general interest, 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 dissemin, dissemination and maintenance and of the prior anonymisation of information, together with a reasonable return on investment. WThere applicable, the overall 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 49 #
Proposal for a directive
Recital 33
Recital 33
(33) Libraries, museums and archives should also be able to charge above marginal costs in order not to hinder their normal running. In the case of such public sector bodies the total income from supplying and allowing re-use of documents over the appropriate accounting period should not exceed the cost of collection, production, reproduction, dissemination, preservation and rights clearance, as well as all the costs of anonymisation where applicable, together with a reasonable return on investment. WThere applicable, the overall costs of anonymisation of personal data, in particular sensitive personal data, or of commercially sensitive information should also be included in the eligible cost. For the purpose of libraries, museums and archives and bearing in mind their particularities, the prices charged by the private sector for the re-use of identical or similar documents could be considered when calculating a reasonable return on investment.
Amendment 50 #
Proposal for a directive
Recital 34
Recital 34
(34) The upper limitrecommendations for charges set in this Directive are without prejudice to the right of Member States to apply lower charges or no charges at all.
Amendment 52 #
(36) Ensuring that the conditions for re- use of public sector documents are clear and publicly available is a pre-condition for the development of a Union-widen information market. Therefore all applicable conditions for the re-use of the documents should be made clear to the potential re-users. Member States that have not yet done so 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 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 53 #
Proposal for a directive
Recital 37
Recital 37
(37) The means of redress should include the possibility of review by an impartial review body in the scope of a contradictory procedure. 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 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 stillobjectively 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 55 #
Proposal for a directive
Recital 38
Recital 38
(38) Making public all generally available documents held by the public sector — concerning not only the political process but also the legal and administrative process — is a fundamental instrument for extending the right to knowledge, which is a basic principle of democracy. This objective is applicable to institutions at every level, be it local, national or international. However, in particular concerning the publication of legal decisions, it is essential to ensure strong protection of Member State citizens’ personal data through the anonymisation of publicly available information.
Amendment 56 #
Proposal for a directive
Recital 38 a (new)
Recital 38 a (new)
(38a) Given that legal decisions inter alia contain a considerable amount of personal data, including sensitive personal data, full anonymisation thereof must be guaranteed. In this respect, the increasingly widespread dissemination of legal decisions combined with technological development could lead to the circumvention of anonymisation through the cross-referencing of data. Member States must therefore introduce strong anonymisation measures that can be adapted to technological developments and to the legitimate needs of the people concerned.
Amendment 57 #
Proposal for a directive
Recital 38 b (new)
Recital 38 b (new)
(38b) The online accessibility of legal or administrative decisions should not replace other rights already guaranteed in the relevant Member States regarding on- site consultation or the provision of the documents in question in paper format.
Amendment 59 #
Proposal for a directive
Recital 39
Recital 39
(39) In some cases the re-use of documents will take place without a licence being agreed. In other cases a licence will be issued imposing conditions on the re-use by the licensee dealing with issues such as liability, the proper use of documents, guaranteeing non-alteration and the acknowledgement of source. If public sector bodies license documents for re-use, the licence conditions should be fair and transparent. Standard licences that are available online may also play an important role in this respect. Therefore Member States should provide for the availability of standard licencesMember States can therefore ensure that standard documents are available on line, for example on the websites of competent public bodies, indicating to the end user that the standard document must be adapted for each particular case.
Amendment 60 #
Proposal for a directive
Recital 40
Recital 40
(40) If the competent authority decides to no longer make available certain documents for re-use, or to cease updating these documents, it should make these decisions publicly known, at the earliest opportunity, via electronic means whenever possible.
Amendment 61 #
Proposal for a directive
Recital 42
Recital 42
(42) In relation to any re-use that is made of the document, public sector bodies may impose conditions, where appropriate through a licence, such as acknowledgment of source and acknowledgment of whether the document has been modified by the re- user in any way. Any licences for the re- use of public sector information should in any event place as few restrictions on re- use as possible, for example limiting them to an indonly a reasonable number of restrications of sourcn re-use. Open licences available online, which grant wider re-use rights without technological, financial or geographical limitations and relying on open data formats, should play an important role in this respect. Therefore, Member States should encourage the use of open licences that should eventually become common practice across the Uniongovernment licences.
Amendment 62 #
Proposal for a directive
Recital 44
Recital 44
(44) There are numerous cooperation arrangements between libraries, including university libraries, museums, archives and private partners which involve digitisation of cultural resources granting exclusive rights to private partners. Practice has shown that such public-private partnerships can facilitate worthwhile use of cultural collections and at the same time accelerate access to the cultural heritage for members of the public. It is therefore appropriate to take into account current divergences in the Member States with regard to digitisation of cultural resources, by a specific set of rules pertaining to agreements on digitisation of such resources. Where an exclusive right relates to digitisation of cultural resources, a certain period of exclusivity might be necessary in order to give the private partner the possibility to recoup its investment. That period should, however, be limited in time and as short as possible, in order to respect the principle that public domain material should stay in the public domain once it is digitised. The period of an exclusive right to digitise cultural resources should in general not exceed 10ten years. Any period of exclusivity longer than 10 years should be subject to review, taking into account technological, financial and administrative changes in the environment since the arrangement was entered into. In addition, any public private partnership for the digitisation of cultural resources should grant the partner cultural institution full rights with respect to the post-termination use of digitised cultural resources.
Amendment 63 #
Proposal for a directive
Recital 45
Recital 45
(45) Arrangements between data holders and data re-users which do not expressly grant exclusive rights but which can reasonably be expected to restrict the availability of documents for re-use should be subject to additional public scrutiny and should therefore be published at least two monthswithin a reasonable time before coming into effect so as to give interested parties an opportunity to request the re-use of the documents covered by the agreement and prevent the risk of restricting the range of potential re- users. Such agreements should also be made public following their conclusion, in the final form agreed by the parties.
Amendment 64 #
Proposal for a directive
Recital 47
Recital 47
(47) This Directive is without prejudice and should be implemented and applied in full compliance with Union law relating to the protection of personal data including Regulation (EU) 2016/679 of the European Parliament and of the Council37 and Directive 2002/58/EC of the European Parliament and of the Council38 . Anonymisation is a means to reconcile the interests in making public sector information as re-usable as possible with the obligations under data protection legislation, but comes at a cost, especially considering the technological progress made in terms of re-identifying people. It is appropriate to consider this coste overall costs of anonymisation as one of the cost items to be considered as part of the marginal cost of dissemination as defined in Article 6 of this Directive. _________________ 37 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) […]. 38 Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) (OJ L 201 , 31/07/2002 p. 37).
Amendment 67 #
Proposal for a directive
Recital 52
Recital 52
(52) Tools that help potential re-users to find documents available for re-use and the conditions for re-use can facilitate considerably the cross-border use of public sector documentsshould be encouraged. 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 70 #
Proposal for a directive
Recital 57
Recital 57
(57) One of the principal aims of the establishment of the internal market is the creation of conditions conducive to the development of Union-wide services. Libraries, museums and archives hold a significant amount of valuable public sector information resources, in particular since digitisation projects have multiplied the amount of digital public domain material. These cultural heritage collections and related metadata are a potential base for digital content products and services and have a huge potential for innovative re-use in sectors such as learning and tourism. Other types of cultural establishments (such as orchestras, operas, ballets and theatres), including the archives that are part of those establishments, should remain outside the scope because of their ‘performing arts’ specificity and the fact that almost all of their material is subject to third-party intellectual property rights and would therefore remain outside the scope of that Directive.
Amendment 73 #
Proposal for a directive
Recital 60
Recital 60
(60) In view of ensuring their maximum impact and to facilitate re-use, the high- value datasets should be made available for re-use with minimal legal restrictions and at no cost, subject to the discretion of the Member State concerned. They should also be published via Application Programming Interfaces, whenever the dataset in question contains dynamic data.
Amendment 79 #
Proposal for a directive
Article 1 – paragraph 2 – point d a (new)
Article 1 – paragraph 2 – point d a (new)
(da) on any grounds of public policy.
Amendment 87 #
Proposal for a directive
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
“anonymisation”: action that alters information contained in documents intended for publication so that the people referred to in it are not identified or identifiable, i.e. in particular but not exclusively by using a pseudonym or masking the identify of the person in question;
Amendment 93 #
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 re-use and shall make the document available for re- use to the applicant or, if a licence is needed, 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 95 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
Amendment 103 #
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. PInsofar as possible, public sector bodies and public undertakings shall make dynamic data available for re-use immediately after collection, via suitable Application Programming Interfaces (APIs).
Amendment 104 #
Proposal for a directive
Article 5 – paragraph 5
Article 5 – paragraph 5
5. Where making available documents immediately after collection 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 insofar as possible in a timeframe that does not unduly impair the exploitation of their economic potential.
Amendment 106 #
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. 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 – the overall costs of anonymisation of personal data and measures taken to protect commercially confidential information. .
Amendment 111 #
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. In the cases referred to in points (a) and (c) of paragraph 2, the total charges shall be calculated according to objective, transparent and verifiable criteria to be laid down by the Member States. The total income from supplying and allowing re-use of documents over the appropriate accounting period shall not exceed the cost of collection, production, reproduction and dissemination, and – where applicable – the overall costs of anonymisation of personal data and measures taken to protect commercially confidential information or any other sensitive information, together with a reasonable return on investment. Charges shall be calculated in line with the applicable accounting principles.
Amendment 112 #
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Where charges are made by the public sector bodies referred to in point (b) of paragraph 2, the total income from supplying and allowing re-use of documents over the appropriate accounting period shall not exceed the cost of collection, production, reproduction, dissemination, preservation and rights clearance and – where applicable – the overall costs of anonymisation of personal data and measures taken to protect commercially confidential information as well as any other sensitive information, together with a reasonable return on investment. Charges shall be calculated in line with the accounting principles applicable to the public sector bodies involved.
Amendment 113 #
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
Member States shall make practical arrangements facilitating the search for documents available for re-use, such as asset lists of main documents with relevant metadata, accessible where possible and appropriate online and in machine-readable format, and portal sites that are linked to the asset lists. Where possible Member States shall facilitate the cross-linguistic search for documents.
Amendment 116 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Any applicable conditions for the re-use of documents shall be non- discriminatory for comparable categories of re-use, including for cross-border re- use.
Amendment 118 #
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
2. If documents are re-used by a public sector body as input for its commercial activities which fall outside the scope of its public tasks, the samenon- discriminatory charges and other conditions shall apply to the supply of the documents for those activities as apply to other users.
Amendment 119 #
Proposal for a directive
Article 12 – paragraph 3 – subparagraph 2
Article 12 – paragraph 3 – subparagraph 2
The arrangements granting exclusive rights referred to in the first subparagraph shall be transparent and made public, unless any of the information is confidential.
Amendment 120 #
Proposal for a directive
Article 12 – paragraph 4
Article 12 – paragraph 4
4. Legal or practical arrangements that, without expressly granting an exclusive right, aim at or could reasonably be expected to lead to a restricted availability for re-use of documents by entities other than the third party participating in the arrangement, shall be made publicly available at least two monthswithin a reasonable time before their coming into effect. The final terms of such arrangements shall be transparent and made publicly available, unless any of the information is confidential.