32 Amendments of Dario TAMBURRANO related to 2018/0111(COD)
Amendment 62 #
Proposal for a directive
Recital 3
Recital 3
(3) Following the stakeholder consultation and in the light of the Impact Assessment30 results, the Commission considered that action at Union level was necessary in order to address the remaining and emerging barriers to a wide re-use of public sector and publicly-funded information across the Union and to bring the legislative framework up to date with the advances in digital technologies, such as Artificial Intelligence and the Internet of Things. _________________ 30 SWD(2018) 127.
Amendment 66 #
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 undertakingservice operators, 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 69 #
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, environmental, geographical, weather, seismicity, 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.
Amendment 74 #
Proposal for a directive
Recital 8
Recital 8
(8) The evolution towards a data-based society influences the life of every citizen in the CommunityUnion, among other things , by enabling them to gain new ways of accessing and acquiring knowledge. (This amendment applies throughout the text. Adopting it will necessitate corresponding changes to Recitals 12 and 14.)
Amendment 76 #
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 serviceadvanced digital technologies, such as Artificial Intelligence, distributed ledger technologies and the Internet of Things. Broad cross-border geographical coverage will also be essential in this context. Wide possibilities of re-using public sector information should inter alia allow all European companiesocio-economic actors to exploit its potential and contribute to economic gprowthsperity and job creation, especially to the benefit of local communities.
Amendment 80 #
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 gprowthsperity and promote social engagement.
Amendment 91 #
Proposal for a directive
Recital 20
Recital 20
(20) The Member States often entrustdelegate the provision of services in the general interest with entities outside of the public sector, while maintaining a high degree of control over such entitiech can be either public or private undertakings. At the same time, the provisions of the Directive 2003/98/EC apply only to documents held by public sector bodies, while excluding public undertakingsentities that provide services in the general interest on the basis of a contract of public service delegation 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 99 #
Proposal for a directive
Recital 22
Recital 22
(22) This Directive should not contain an obligation to allow the re-use of documents produced by public undertakings. The decision whether or not to authorise re-use should remain with the public undertakingservice operators concerned. Only after the public undertakingservice operator has chosen to make a document available for re-use, should it observe the relevant obligations laid down in Chapters III and IV of this Directive, in particular as regards formats, charging, transparency, licences, non-discrimation and prohibition of exclusive arrangements. On the other hand, the public undertakingservice operator is not required to comply with the requirements laid down in Chapter II, such as the rules applicable to processing of requests.
Amendment 106 #
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 resuldata and to data related to preparatory studies for publicly-financed projects, and ensure that such policies are implemented by all research performing organisations and research funding organisations. OAlthough open access policies typically allow for a range of exceptions from making, Member states should also ensure that scientific research resultdata is openly available, by design and by default. Where access to research data is restricted, justified reasons should be published, where appropriate in the metadata. 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. 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 C(2018)2375
Amendment 109 #
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 regimes. Public undertakingservice operators, educational establishments, research performing organisations and research funding organisations should however be exempt from this requirement, unless the request for access or re-use is lodged by a public authority. 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 environmental data, traffic data , satellite data, weather data, seismicity 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, 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 120 #
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 cases, public sector bodies and public undertakingservice operators should therefore be able to charge above marginal costs, together with a reasonable return on investment. 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 undertakingservice operators 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 130 #
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. It is appropriate to consider this cost 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. It is appropriate to consider the re-use of high value data sets as in line with the objectives of general public interest of the Union or of a Member State pursuant to Article 23(1)(e) of the Regulation (EU) 2016/679 of the European Parliament and of the Council, including the Union’s commitment towards the decarbonisation of the economy and the new energy and climate targets. _________________ 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 135 #
Proposal for a directive
Recital 53
Recital 53
(53) This Directive is without prejudice to Directive 2001/29/EC of the European Parliament and of the Council39 and Directive 96/9/EC of the European Parliament and of the Council40 . It spells out the conditions within which public sector bodies can exercise their intellectual property rights in the internal information market when allowing re-use of documents. In particular, where public sector bodies are holders of the right provided for in Article 7(1) of Directive 96/9/EC, they should not exercise it in order to prevent or restrict the re-use of data contained in databases. The right provided for in Article7(1) of Directive 96/9/EC should not be exercised for preventing or restricting the re-use of high value datasets and of research data contained in databases. _________________ 39 Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society (OJ L 167, 22.6.2001, p. 10). 40 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).
Amendment 137 #
Proposal for a directive
Recital 55
Recital 55
(55) It is necessary to ensure that the Member States monitorreport to the Commission the extent of the re-use of public sector information, the conditions under which it is made available and the redress practices, the use and availability of Application Programme Interfaces and national open access policies and related actions that are adopted and undertaken.
Amendment 146 #
Proposal for a directive
Recital 59
Recital 59
(59) An EU-wide list of datasets with a particularly high potential to generate socio- economic benefits together with harmonised re-use conditions constitutes an important enabler of cross-border data applications and services. In the process leading to the establishment of the list, the Commission should carry out appropriate consultations, including at expert level. The list should take into account sectoral legislation that already regulates the publication of datasets, as well as the categories indicated in the Technical Annex of the G8 Open Data Charter and in the Commission's Notice 2014 /C 240/01, and should be fully in line with the objectives of general public interest of the Union, including the Union’s commitment towards the decarbonisation of the economy and the new energy and climate targets.
Amendment 157 #
Proposal for a directive
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) existing documents held by public undertakings active in the areas defined in Directive 2014/25/EU of the European Parliament and of the Council42 and by public undertakings acting as public service operators pursuant to Article 2 of Regulation (EC) No 1370/2007 of the European Parliament and of the Council43 , public undertakings acting as air carriers fulfilling public service obligations pursuant to Article 16 of Regulation (EC) No 1008/2008 of the European Parliament and of the Council44 , and public undertakings acting as Community shipowners fulfilling public service obligations pursuant to Article 4 of Council Regulation (EEC) No 3577/9245 . _________________ 42 Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (OJ L 94, 28.3.2014, p. 243). 43 Regulation (EC) No. 1370/2007 of the European Parliament and of the Council of 23 October 2007on public passenger transport services by rail and by road and repealing Council Regulations (EEC)Nos 1191/69 and 1107/70. 44 Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community (Recast) (Text with EEA relevance) (OJ L 293, 31.10.2008, p. 3– 20). 45 Council Regulation (EEC) No 3577/92 of 7 December 1992 applying the principle of freedom to provide services to maritime transport within Member States (maritime cabotage) (OJ L 364, 12.12.1992, p. 7–10).and made publicly accessible by public service operators defined in Article 2(3) of this Regulation;
Amendment 168 #
Proposal for a directive
Article 1 – paragraph 2 – point b
Article 1 – paragraph 2 – point b
(b) documents held by public undertakingservice operators, produced outside the scope of the provision of services in the general interest as defined by law or other binding rules in the Member State;
Amendment 184 #
Proposal for a directive
Article 1 – paragraph 3 a (new)
Article 1 – paragraph 3 a (new)
3a. This Directive leaves intact and in no way affects the level of protection of individuals with regard to the processing of personal data under the provisions of Union and national law, and in particular does not alter the obligations and rights set out in the General Data Protection Regulation45a; _________________ 45a 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).
Amendment 187 #
Proposal for a directive
Article 1 – paragraph 5
Article 1 – paragraph 5
5. The right for the maker of a database provided for in Article 7(1) of Directive 96/9/EC shall not be exercised by public sector bodies in order to prevent or restrict the re-use of documents pursuant toresearch data and of high value datasets pursuant to Articles 10 and 14 of this Directive.
Amendment 189 #
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 applies (INSPIRE Directive)46 applies. Article 6 of this Directive is without prejudice to obligations imposed pursuant Article 17(3) of the INSPIRE Directive. _________________ 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).
Amendment 192 #
Proposal for a directive
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
3. 'public undertaking' means any undertaking over which the public sector bodies may exercise directly or indirectly a dominant influence by virtue of their ownership of it, their finaservice operator' means any public or private undertaking or group of such undertakings which provide services of general interest through a contract of public service delegation, acting in the areas defined in Directive 2014/25/EU of the European Parliament and of the Council46a, or as public service operator pursuant to Article 2 of Regulation (EC) No 1370/2007 of the European Parliament and of the Council46b, or as air carrier fulfilling public service obligations pursuant to Article 16 of Regulation (EC) No 1008/2008 of the European Parliament and of the Council46c, or as Community shipowner fulfilling public service obligations pursuant to Article 4 of Council Regulation (EEC) No 3577/9246d; _________________ 46a Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (OJ L 94, 28.3.2014, p. 243). 46b Regulation (EC) No. 1370/2007 of the European Parliament and of the Council of 23 October 2007 on public passenger transport services by rail and by road and repealing Council Regulations (EEC) Nos 1191/69 and 1107/70. 46c Regulation (EC) No 1008/2008 of the European Parliament and of the Councial participation therein, or the rules which govern it; of 24 September 2008 on common rules for the operation of air services in the Community (Recast) (Text with EEA relevance) (OJ L 293, 31.10.2008, p. 3– 20). 46d Council Regulation (EEC) No 3577/92 of 7 December 1992 applying the principle of freedom to provide services to maritime transport within Member States (maritime cabotage) (OJ L 364, 12.12.1992, p. 7–10). (This amendment, which replaces 'public undertaking' with 'public service operator', applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 196 #
Proposal for a directive
Article 2 – paragraph 1 – point 5 a (new)
Article 2 – paragraph 1 – point 5 a (new)
5a. 'personal data' means data as defined in Article 4(1) of the General Data Protection Regulation46e; _________________ 46e 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).
Amendment 197 #
Proposal for a directive
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
6. 'dynamic data' means documents in an electronic form, subject to frequ that change oftent or real-time updateon a regular basis;
Amendment 200 #
Proposal for a directive
Article 2 – paragraph 1 – point 8
Article 2 – paragraph 1 – point 8
8. 'high value datasets' means documents the re-use of which is associated with important socio-economic benefits, notably because of their suitability for the creation of value-added services and applications, and the number of potential beneficiaries of the value- added services and applications based on these datasets;, and is in line with important objectives of general public interest of the Union or of a Member State pursuant to Article 23(1)(e) of the General Data Protection Regulation46f; _________________ 46f 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).
Amendment 221 #
Proposal for a directive
Article 4 – paragraph 5 – introductory part
Article 4 – paragraph 5 – introductory part
5. The following entities shall not be required to comply with the requirements of this Article, unless the request for access or re-use is lodged by a public authority:
Amendment 236 #
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 storage and maintenance, reproduction, provision and dissemination , and – where applicable – anonymisation of personal data and measures taken to protect commercially confidential information .
Amendment 241 #
Proposal for a directive
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
(a) public sector bodies that are required by law or by other binding rules in the Member State to generate revenue to cover a substantial part of their costs relating to the performance of their public tasks, including costs relating to the collection, storage, production, reproduction and dissemination of documents that belong to the scope of application of this Directive;
Amendment 264 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Member States shall support the availability of research data by adopting national policies and relevant actions aiming at making publicly funded research data and data related to preparatory studies of projects financed, in whole or in part, by public funding openly available ('open access policies'). These open access policies shall be addressed to research performing organisations and research funding organisations.
Amendment 265 #
Proposal for a directive
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
1a. Member States shall ensure that research data, including their metadata, shall be open by design and by default. Any conditions restricting access and re- use of such data shall be duly justified and published, through electronic means where possible and appropriate.
Amendment 303 #
Proposal for a directive
Article 13 – paragraph 7
Article 13 – paragraph 7
7. The Commission shall conduct an impact assessment including a cost-benefit analysis prior to the adoption of the delegated act and ensure that the act is complementary to the existing sector based legal instruments with respect to the re-use of documents that belong to the scope of application of this Directive. Where high value datasets held by public undertakingservice operators are concerned, the impact assessment shall give special consideration to the role of public undertakings in a competitivepossible distortions in competition and to the role of smaller and medium undertakings and start-ups, especially in local economic environments.
Amendment 317 #
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
2. The evaluation shall in particular address the scope and socio-economic impact of this Directive, including the extent of the increase in re-use of public sector documents to which this Directive applies , the effects of the principles applied to charging and the re-use of official texts of a legislative and administrative nature, the re-use of documents held by other entities than public sector bodies, the availability and use of APIs, the interaction between data protection rules and re-use possibilities, as well as further possibilities of improving the proper functioning of the internal market and the development of the European data economy .
Amendment 318 #
Proposal for a directive
Article 16 – paragraph 2 a (new)
Article 16 – paragraph 2 a (new)
2a. Member States shall submit a report every 3 years to the Commission on the availability of public sector information for re-use, the conditions under which it is made available, including the use and availability of APIs, and the national open access policies and relevant actions.