Activities of Felix REDA related to 2018/0111(COD)
Shadow reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council on the re-use of public sector information (recast) PDF (1 MB) DOC (187 KB)
Amendments (91)
Amendment 58 #
Proposal for a directive
Title 1
Title 1
Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on Open Data and the re-use of public sector information (recast)
Amendment 65 #
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 andDirective 2003/4/EC, Directive 2007/2/EC of the European Parliament and of the Council32 and Regulation (EU) 2016/679. _________________ 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). (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 (OJOr. en L 41/26, 14.2.2003).)
Amendment 67 #
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4 a) The access to information is a fundamental right. The Charter of Fundamental Rights of the European Union (the ‘Charter’) provides that everyone has the right to freedom of expression, including the right to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers.
Amendment 70 #
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, political, economic, geographical, environmental, 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.
Amendment 76 #
Proposal for a directive
Recital 60 a (new)
Recital 60 a (new)
(60a) The High Value Datasets identified within the categories listed in Annex IIa have the potential to generate civic or socio-economic benefits, and advance fundamental societal and democratic tasks. In order to further the goals of transparency, accountability, compliance, efficiency, fair competition, and the fight against fraud, it is necessary to include datasets from among categories such as national law, elections, government budget, government spending, procurement, and statistics. To encourage innovative services and products, to stimulate sustainable growth, and to contribute to high consumer protection standards, including by taking into account factors that have no immediate economic value, such as education, the environment, or healthcare, it is necessary to include datasets from among the categories of business registers, environmental and meteorological data, as well as land ownership, administrative divisions, locations, and mapping.
Amendment 77 #
Proposal for a directive
Recital 11
Recital 11
(11) Allowing access to 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 78 #
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 theaccess to 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 79 #
Proposal for a directive
Recital 13
Recital 13
(13) Open data policies which encourageMember States should ensure the creation of data based on the principle of “open by design and by default”, with regard to all documents falling in the scope of this Directive, while ensuring a consistent level of protection of public interest objectives, such as public security or personal data protection, including where sensitive information related to critical infrastructures are concerned or where information in an individual dataset may not present a risk of identifying a natural person, but when combined with other available information, could entail such risk. Open data policies ensuring the findability, accessibility, interoperability and re- usability (FAIR principles), and encouraging 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-starpromoting the development of new services based on novel ways to combine and make use of such information, stimulate economic growth and promote social engagement. Interoperability, open standards and open data should therefore be implemented at the level of each Member State’s administration. At the same time, the Commission should facilitate the cooperation among Member States and support the design, testing, implementation and deployment of interoperable electronic interfaces that will enable more efficient and secure public services.
Amendment 81 #
Proposal for a directive
Recital 14
Recital 14
(14) Moreover, wWithout minimum harmonisation at CommunityUnion level, legislative activities at national level, which have already been initiated in a number of Member States in order to respond to the technological challenges, might result in even more significant differences. The impact of such legislative differences and uncertainties will become more significant with the further development of the information society, which has already greatly increased cross- border exploitation of information.
Amendment 83 #
Proposal for a directive
Recital 16
Recital 16
(16) A general framework for the conditions governing access to and re-use of public sector documents is needed in order to ensure fair, proportionate and non- discriminatory conditions for the 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 84 #
Proposal for a directive
Recital new(18
Recital new(18
new(18) This Directive should apply to documents that are made accessivailable for re-use when public sector bodies commission the production of, or license, sell, disseminate, exchange or give out information. To avoid cross-subsidies, re- use should include further use of documents within the organisation itself for activities falling outside the scope of its public tasks. Activities falling outside the public task will typically include supply of documents that are produced and charged for exclusively on a commercial basis and in competition with others in the market.
Amendment 87 #
Proposal for a directive
Recital 19
Recital 19
(19) The Directive lays down an obligation 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 lwithout prejudice to the other exceptions laid down in this Directive, such as the protection of personal data, allowing Member States to restrict or exclude certaidn down in this Directivecuments from access. 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. 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 87 #
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 to this Directive.
Amendment 89 #
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 and public undertakings of the Member States, including documents to which Directive 2007/2/EC of the European Parliament and of the Council46 applies. _________________ 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 90 #
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. This Directive should ensure 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 reducesThis should unlock the potential for the creation of cross-border services based on documents held by public undertakings that provide services in the general interest.
Amendment 95 #
Proposal for a directive
Recital 21
Recital 21
(21) Directive 2003/98/EC should therefore be amended in order to ensure that its provisions can be applied to the re- use of documents produced in the performance of services in the general interest by public undertakings pursuing one of the activities referred to in Articles 8 to 14 of Directive 2014/25/EU of the European Parliament and of the Council33 , as well as by public undertakings acting as public service operators pursuant to Article 2 of Regulation (EC) No 1370/2007 of the European Parliament and the Council on public passenger transport services by rail and by road, 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 Council of 24 September 2008 on common rules for the operation of air services in the Community, and public undertakings acting as Community shipowners fulfilling public service obligations pursuant to Article 4 of 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). _________________ 33 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).
Amendment 96 #
Proposal for a directive
Recital 22
Recital 22
Amendment 107 #
Proposal for a directive
Recital 26
Recital 26
(26) This Directive lays down a generic definition of the term ‘document’. It covers any representation of acts, facts or information — and any compilation of such acts, facts or information — whatever its medium (written on paper, or stored in electronic form or as a sound, visual or audiovisual recording). The definition of ‘document’ is not intended to cover computer programmeMember States should guarantee transparency as regards the methodologies used in measurement, analysis, sampling, and pre-treatment of samples in compiling the documents.
Amendment 108 #
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 discoverfindability 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 reasonablMember States should enable applicants to request documents for access and re-use without having to state 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 fromterest. Member States should guarantee that practical arrangements are defined for ensuring that the access and re-use of public-sector information can be exercised effectively, such as the designation of information officers, the establishment and maintenance of facilities for the examination of documents, registers or lists of documents held by public sector bodies or information points, with clear indications of where such documents can be found. 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 thise requirementlevant access regimes. 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 113 #
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 structured 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, reliability, availability, efficiency, 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 shallould make this available for re-use immediately after collection by ways of suitable APIs. In particular, the API should adhere to the principle of stability, meaning that it should consistently work on the same technical specifications. The API should adhere to the principle of reliability, so that when changes are made, these are communicated well in advance, unless in duly justified urgent cases where changes must be applied earlier. The API should ensure availability, by operating at a steady level of quality. In order to ensure efficiency, the API’s performance and complexity should not significantly vary between when being accessed by the data provider or data producer, or the data user.
Amendment 117 #
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Re-use of documents mayshall be allowed without or with conditions, where appropriate through a licence. Those conditions shall not unnecessarilyas few restrictions and conditions as possible, where appropriate through a licence or through dedication to the public domain. Where those conditions apply, they shall not restrict possibilities for re-use and shall not be used to restrictor competition.
Amendment 121 #
Proposal for a directive
Recital 32
Recital 32
(32) Charges for the access to and re- use of documents constitute an important market entry barrier for start-ups and SMEs. Documents should therefore be made available for access to and re-use without charges andor, where charges are necessary , they should in principle be limited to the marginal costs as referred to in the Commission's Notice 2014 /C 240/01. In exceptional cases , the necessity of not hindering the performance of the public tasks and the normal running of public sector bodies that are required to generate revenue to cover a substantial part oft least 70 % of the costs relating to their costs relating to the performance of their public taskscollection, production, reproduction and dissemination of documents, falling within the scope of this Directive 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 requirementt least 70% of the costs should be regularly reviewed by the Member States.
Amendment 123 #
(36) Ensuring that the conditions for access to 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 to 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 to 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 125 #
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 to 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 126 #
Proposal for a directive
Recital 39
Recital 39
(39) In some cases thMember States should ensure re- use of documents will take place without a licence being agreed. In other cases a licence will be issuedconditions. Where necessary and justified by a public interest objective, Member States may imposinge conditions on the re-use by the, where appropriate through a licenseece, 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 licenc, while guaranteeing that the least restrictive conditions or licensing terms apply, including the possibility of dedicating documents to the public domain. If public sector bodies license documents for re-use, the licence conditions should be fair and transparent. Member States should in particular evaluate the compatibility of these obligations with the principle of proportionality to ensure that such licences or conditions do not unnecessarily restrict possibilities for re- use or competition. Member States should also encourage the use of standard open licences for the re-use of public sector documents and ensure that such licences are available in digital format and can be processed electronically. 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 and should eventually become common practice across the Union. The Commission should provide guidance on recommended standard licences and licensing approaches.
Amendment 129 #
Proposal for a directive
Recital 42
Recital 42
Amendment 133 #
(52) Tools that help potential re-users to find documents available for access to 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. ASuch practical arrangements can include 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 134 #
Proposal for a directive
Recital 52 a (new)
Recital 52 a (new)
(52 a) The Commission and the Member States should ensure that public sector bodies and public undertakings provide the Commission with necessary access to all data they make available for re-use to allow for an aggregation of datasets at Union level, in particular to provide full coverage datasets for the Union for a particular category of data as set out in Annex IIa. The Commission should make practical arrangements to aggregate datasets at Union level.
Amendment 136 #
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 the provisions relating to copyright and its enforcement of 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 areshould not qualify as 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. _________________ 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 141 #
Proposal for a directive
Recital 58
Recital 58
(58) In order to set in place conditions supporting the re-use of documents which is associated with important civic or socio- economic benefits having a particular high value for economy and society, ta list of categories of high value datasets is included in Annex IIa. The power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of the adoption of a list ofextending the list of categories of high value datasets set out in Annex IIa, and in particular to further specify the specific high-value datasets among the documents to which this Directive applies, along with the modalities of their publication and re-use. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.
Amendment 144 #
Proposal for a directive
Recital 59
Recital 59
(59) An EU-wide list of datasets with a particular potential to generate civic or 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. TAnnex IIa provides a list of categories of high value datasets which could be amended by a delegated act. The additional categories for 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. In the process leading to the identification of additional categories or datasets for the list, the Commission should carry out an impact assessment and appropriate public consultations, including at expert level. For the purposes of the impact assessment, the Commission should carryout public consultations with all interested parties, including public sector bodies, public undertakings, data users and re-users, research organisations, civil society groups and representative organisations. All interested parties should be given the possibility to submit suggestions to the Commission for additional categories of high value datasets or concrete datasets. The Commission should take these into account or provide the interested party concerned with reasons for not taking into account the suggestion.
Amendment 147 #
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. High value datasets should be published at Union level to promote findability and facilitate access. They should also be published via Application Programming Interfaces, whenever the dataset in question contains dynamic data.
Amendment 148 #
Proposal for a directive
Recital 60 a (new)
Recital 60 a (new)
(60 a) The High Value Datasets identified within the categories listed in Annex IIa have the potential to generate civic or socio-economic benefits, and advance fundamental societal and democratic tasks. In order to further the goals of transparency, accountability, compliance, efficiency and fair competition, it is necessary to include datasets from among categories such as business registers, budget and government spending, crime and justice, elections for public offices, national law, procurement, and statistics. To encourage innovative services and products, to stimulate sustainable growth, and to contribute to high consumer protection standards, including by taking into account factors that have no immediate economic value, such as education, environment, or healthcare, it is necessary to include datasets from among the categories of earth observation and environmental data, geospatial data, as well as transport.
Amendment 149 #
Proposal for a directive
Recital 62
Recital 62
(62) This Directive respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union, including the right to privacy (Article 7), the protection of personal data (Article 8), the freedom of expression and information (Article 11), the right to property (Article 17) and the integration of persons with disabilities (Article 26) . Nothing in this Directive should be interpreted or implemented in a manner that is inconsistent with the European Convention for the Protection of Human Rights and Fundamental Freedoms.
Amendment 150 #
Proposal for a directive
Recital 63
Recital 63
(63) The Commission should carry out an evaluation of this Directive 36 months after its transposition. Pursuant to paragraph 22 of the Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making of 13 April 201641 , that evaluation should be based on the five criteria of efficiency, effectiveness, relevance, coherence and EU value added and should provide the basis for impact assessments of possible further measures. Following the evaluation, the Commission could, where necessary, present relevant proposals. _________________ 41 OJ L123, 12.5. 2016, p1.
Amendment 151 #
Proposal for a directive
Article 1 – paragraph –1 (new)
Article 1 – paragraph –1 (new)
-1. This Directive aims at establishing a regulatory framework governing the right to access to and re-use of public sector information in order to set out basic terms and practical arrangements for, its exercise, as well as to promote the use of open data and stimulate innovation in products and services.
Amendment 172 #
Proposal for a directive
Article 1 – paragraph 2 – point c
Article 1 – paragraph 2 – point c
(c) documents for which third parties hold intellectual property rights that would prohibit or restrict re-use;
Amendment 179 #
Proposal for a directive
Article 1 – paragraph 2 – point i
Article 1 – paragraph 2 – point i
Amendment 185 #
Proposal for a directive
Article 1 – paragraph 3 a (new)
Article 1 – paragraph 3 a (new)
3a. This Directive is without prejudice to Regulation (EU) 2016/679 and it does not affect the level of protection of individuals with regard to the processing of personal data in accordance with Union law on personal data protection.
Amendment 188 #
Proposal for a directive
Article 1 – paragraph 5
Article 1 – paragraph 5
5. TPublic sector bodies and public undertakings shall not be able to hold 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 to this Directive.
Amendment 190 #
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 ofand public undertakings in the Member States, including documents to which Directive 2007/2/EC of the European Parliament and of the Council46 applies. _________________ 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 191 #
Proposal for a directive
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
1. ‘public sector body’ means the State, regional or local authorities, bodies governed by public law and associations formed by one or several such authorities or one or several such bodies governed by public law, as well as public undertakings;
Amendment 194 #
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 financial participation therein, or the rules which govern it, as well as private companies that perform a service in the general interest under contract with a Member State, regional or local authority, public sector body or public undertaking;
Amendment 199 #
Proposal for a directive
Article 2 – paragraph 1 – point 6 a (new)
Article 2 – paragraph 1 – point 6 a (new)
6a. ‘application programming interface’ (API) means a well- documented set of functions, procedures, definitions, and protocols for the structured retrieval of information online;
Amendment 201 #
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 civic or 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;
Amendment 202 #
Proposal for a directive
Article 2 – paragraph 1 – point 9
Article 2 – paragraph 1 – point 9
9. ‘re-use’ means the use by persons or legal entities of documents held by public sector bodies, for commercial or non-commercial purposes other than the initial purpose within the public task for which the documents were produced, except exchange of documents between public sector bodies purely in pursuit of their public tasks ;
Amendment 204 #
Proposal for a directive
Article 2 – paragraph 1 – point 14 a (new)
Article 2 – paragraph 1 – point 14 a (new)
14a. ‘'personal data' means data as referred to in Article 4(1) of Regulation (EU) 2016/679.
Amendment 206 #
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 given access to and be re-usable for commercial or non- commercial purposes in accordance with the conditions set out in Chapters III and IV.
Amendment 208 #
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 to and re-use of such documents is allowed, these documents shall be given access to and be re- usable for commercial or non-commercial purposes in accordance with the conditions set out in Chapters III and IV.
Amendment 209 #
Proposal for a directive
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. Member States shall ensure that documents falling within the scope of this Directive are produced and made available for re-use according to the principle of "open by design and by default".
Amendment 211 #
Proposal for a directive
Chapter 2 – title
Chapter 2 – title
ACCESS TO DOCUMENTS AND REQUESTS FOR RE-USE
Amendment 212 #
Proposal for a directive
Article 4 – title
Article 4 – title
Requirements applicable to the processing of requests for access to documents and re-use
Amendment 213 #
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 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 215 #
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 217 #
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 grounds for refusalwithin 20 working days the reasons for refusing, in full or in part, access to or re- use of a document in the form or format requested, 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 219 #
3a. Member States shall draw up a publicly accessible list of criteria on the basis of which the body concerned may decide how to handle requests.
Amendment 220 #
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) support is granted in seeking access to documents; (b) lists of public sector bodies are publicly accessible; and (c) practical arrangements are defined for ensuring that the right of access to documents and their re-use of public- sector information can be exercised effectively, such as: a. The designation of information officers, b. The establishment and maintenance of facilities for the examination of the documents required, c. Registers or list of documents held by public sector bodies or information points, with clear indications of where such documents can be found. (d) public sector bodies inform the public adequately of the rights they enjoy on the basis of this Directive and as a result of existing access to information rules, laid down at national or at Union level, and to an appropriate extent provide information, guidance and advice to this end.
Amendment 222 #
Proposal for a directive
Article 4 – paragraph 5 – point a
Article 4 – paragraph 5 – point a
Amendment 224 #
Proposal for a directive
Article 5 – paragraph –1 (new)
Article 5 – paragraph –1 (new)
-1. Member States shall make all reasonable efforts to ensure that documents to which this Directive applies are up to date, accurate and comparable.
Amendment 225 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Without prejudice to Chapter V, public sector bodies and public undertakings shall make their documents available , interoperable, readily findable, re-usable by electronic means, in any pre- existing format or language, and, where possible and appropriate, in open and machine-readable format together with their metadata. Both the format and the metadata shall , where possible, comply with formal open standards.
Amendment 229 #
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, via suitable Application Programming Interfaces (APIs).
Amendment 230 #
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. Users shall be notified of the exact timeframe of making documents available and the frequency with which documents are updated.
Amendment 231 #
Proposal for a directive
Article 5 – paragraph 5 a (new)
Article 5 – paragraph 5 a (new)
5a. Where applicable, public sector bodies shall reply to requests for information on the methodology used in compiling the documents, in particular the measurement procedures, methods of analysis, sampling, and pre-treatment of samples, used in compiling them, or referring to a standardised and openly available procedure used.
Amendment 232 #
Proposal for a directive
Article 5 a (new)
Article 5 a (new)
Amendment 233 #
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 forAccess to and their reproduction, provision and dissemination , and – where applicable – anonymisation of personal data and measures taken to protect commercially confidential information -use of documents shall be free of charge.
Amendment 237 #
Proposal for a directive
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1a. By way of exception, 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 may be recovered by the Member States.
Amendment 238 #
Proposal for a directive
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
2. By way of exception, paragraph 1 shall not applyMember States may decide not to apply paragraph 1 and 1a to the following:
Amendment 242 #
Proposal for a directive
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
(a) public sector bodies that are requireddocuments for which the public sector body concerned is required by national law to generate sufficient revenue to cover a substantial partt least 70% of their costs relating to the performance of their public tasks;ir collection, production, reproduction, dissemination.
Amendment 245 #
Proposal for a directive
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
Amendment 246 #
Proposal for a directive
Article 6 – paragraph 2 – point c
Article 6 – paragraph 2 – point c
Amendment 251 #
Proposal for a directive
Article 6 – paragraph 5
Article 6 – paragraph 5
5. The re-use of high value datasets, the list of which shall be defined in accordance with Article 13 and Annex IIa, and of research data referred to in point (c) of Article 1(1) shall be free of charge for the user.
Amendment 253 #
Proposal for a directive
Article 6 – paragraph 5 a (new)
Article 6 – paragraph 5 a (new)
5a. Member States shall publish, through electronic means, the list of documents referred to in point (a) of paragraph 2. The prior inclusion of a document in the list shall be a prerequisite for invoking exceptions referred to in point (a) of paragraph 2.
Amendment 254 #
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
Amendment 256 #
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Re-use of documents may be allowed without or with conditions, where appropriate through a licence. Those conditions shall not unnecessarily restrict possibilities for re-use and shall not be used to restrict competitionPublic sector bodies and public undertakings shall not make the re-use of documents subject to conditions or a licence, unless required by law.
Amendment 259 #
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
2. In Member States where licences are usedWhere the re-use of documents is subjected to conditions or a licence, Member States shall: (a) ensure that standard licences for the re-use of public sector documents, which can be adapted to meet particular licence applications, are available in digital format and can be processed electronically. Member States shall encourage the use of such standard licencesuch conditions or licences do not unnecessarily restrict possibilities for re-use or competition and that data be released under the least restrictive conditions or licensing terms, including the possibility to dedicate documents to the public domain; (b) evaluate whether commonly used, open licences exist that meet those requirements. Member States shall then use the most commonly used and least restrictive compatible licence or licences; (c) encourage the use of standard open licences for the re-use of public sector documents and ensure that licences are available in digital form and can be accessed electronically.
Amendment 260 #
Proposal for a directive
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
The Commission and Member States shall ensure that public sector bodies and public undertakings provide the Commission with necessary access to all data they make available for re-use to allow for an aggregation of datasets at Union level, in particular to provide full coverage datasets for the Union for a particular category of data as set out in Annex IIa. The Commission shall make practical arrangements to aggregate datasets at Union level.
Amendment 267 #
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
2. IfWhere documents are re-used by a public sector bodyies or public undertakings as input for its commercial activities which fall outside the scope of itstheir public tasks, the same charges and other conditions shall apply to the supply of the documents for those activities as apply to other users.
Amendment 272 #
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The re-use of documents shall be open to all potential actousers in the market, even if one or more market actousers already exploit added-value products based on these documents. Contracts or other arrangements between the public sector bodies or public undertakings holding the documents and third parties shall not grant exclusive rights.
Amendment 280 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. With a view to achieving the objectives of this Directive, tMember States shall ensure that the high value datasets, listed in Annex IIa are available for free, machine- readable and accessible for download, and, via APIs. The conditions for re-use shall be compatible with open standard licences. The Commissions shall adopt the list of high value datasetsbe empowered to adopt delegated acts in accordance with Article 14 in order to extend the list of categories of high value datasets in Annex IIa and in particular to further specify the datasets from these categories, among the documents to which this Directive applies, together with the conditions and modalities of their publication and re- use.
Amendment 285 #
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
Amendment 290 #
Proposal for a directive
Article 13 – paragraph 3
Article 13 – paragraph 3
Amendment 293 #
Proposal for a directive
Article 13 – paragraph 4
Article 13 – paragraph 4
Amendment 294 #
Proposal for a directive
Article 13 – paragraph 4 – point a
Article 13 – paragraph 4 – point a
Amendment 295 #
Proposal for a directive
Article 13 – paragraph 4 – point b
Article 13 – paragraph 4 – point b
Amendment 298 #
Proposal for a directive
Article 13 – paragraph 5
Article 13 – paragraph 5
5. The selection of additional categories and high value datasets for the list referred to in paragraph 1 shall be based on the assessment of their potential to generate significant civic or socio- economic benefits, the number of users and the revenues they may help generate, and their potential for being combined with other datasets.
Amendment 306 #
Proposal for a directive
Article 13 – paragraph 7 a (new)
Article 13 – paragraph 7 a (new)
7a. For the purposes of paragraph 7, the Commission shall carryout public consultations with all interested parties, including public sector bodies, public undertakings, data users and re-users, research organisations, civil society groups, and representative organisations. All interested parties shall be given the possibility to submit suggestions to the Commission for additional categories of high value datasets or concrete datasets. The Commission shall take these into account, or provide the interested party with reasons for not taking into account the suggestion.
Amendment 312 #
Proposal for a directive
Article 14 – paragraph 6
Article 14 – paragraph 6
6. A delegated act adopted pursuant to Article 13 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of twohree months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by twohree months at the initiative of the European Parliament or of the Council.
Amendment 313 #
1. No sooner than four year[By 36 months after the date of transposition of this Directive] and at the latest every five years thereafter, the Commission shall carry out an evaluation of this Directive and present a Report on the main findings to the European Parliament, the Council and the European Economic and Social Committee. The evaluation shall be conducted according to the Commission's better regulation Guidelines47 . Member States shall provide the Commission with the information necessary for the preparation of that Report . _________________ 47 SWD (2017)350 SWD (2017)350
Amendment 315 #
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
2. The evaluation shall in particular address the scope and, civic 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 impact of high value datasets, 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 the 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 319 #
Proposal for a directive
Article 16 – paragraph 2 a (new)
Article 16 – paragraph 2 a (new)
2a. Where appropriate, the report referred to in paragraph 1 shall be accompanied by relevant proposals.
Amendment 321 #
Proposal for a directive
Annex II a (new)
Annex II a (new)