17 Amendments of Theresa GRIFFIN related to 2018/0111(COD)
Amendment 71 #
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, legal, 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. Providing this information in electronic format allows citizens and businesses to find new ways to use them and create new, innovative products and services.
Amendment 72 #
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6 a) Public sector information represent an extraordinary source of data that can contribute to improve the digital single market and develop new application for consumers and business. Intelligent data usage, including their processing though artificial intelligence application, can have a transformation effect on all sectors of the economy.
Amendment 75 #
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 some services and products inside the Member States but also at cross-border level of Union-wide services. Public sector information is an important primary material for digital content products anda range of products and services offered to European citizens such as motor vehicle systems, weather forecasts, financial and insurance services, ands well as digital content that 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 economicmpetitiveness growth and job creation.
Amendment 154 #
Proposal for a directive
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) existingpublicly accessible documents held by public sector bodies of the Member States;
Amendment 175 #
Proposal for a directive
Article 1 – paragraph 2 – point d – indent 1
Article 1 – paragraph 2 – point d – indent 1
– the protection of national security (that is to say, State security), defence, or public security, including sensitive critical infrastructure protection information within the meaning of Article 2(d) of Directive 2008/114/EC
Amendment 177 #
Proposal for a directive
Article 1 – paragraph 2 – point d a (new)
Article 1 – paragraph 2 – point d a (new)
(da) documents held by institutions covered by the definition of a critical infrastructure pursuant to Article 2(a) of Directive 2008/114/EC;
Amendment 183 #
This Directive builds on and is without prejudice to access regimes in the Member States. This Directive is without prejudice to Regulation (EU) 2016/679 on General Data and does not affects the level of protection of individual with regard to the processing of personal data under the provisions of EU law.
Amendment 193 #
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. A dominant influence on the part of the public authorities shall be presumed when these public sector bodies, directly or indirectly in relation to an undertaking: (i) hold the major part of the undertaking’s subscribed capital; or (ii) control the majority of the votes attaching to shares issued by the undertakings; or (iii) can appoint more than half of the members of the undertaking's administrative, managerial or supervisory body;
Amendment 207 #
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 re-use of such documents is allowed by the public undertaking which produced them, these documents shall be re- usable for commercial or non- commercial purposes in accordance with the conditions set out in Chapters III and IV.
Amendment 248 #
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, storage, reproduction and dissemination, and – where applicable – anonymisation of personal data and measures taken to protect commercially confidential information, together with a reasonable return on investment. Charges shall be calculated in line with the applicable accounting principles .
Amendment 250 #
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, storage, preservation and rights clearance and – where applicable – anonymisation of personal data and measures taken to protect commercially confidential 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 252 #
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 268 #
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The re-use of documents shall be open to all potential actors in the market, even if one or more market actors 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 where reasonably possible. Existing exemptions pursuant to Article 11 of Directive 2014/24/EU as well as partnerships in the spirit of Article 31 of Directive 2015/24/EU shall be fully taken into account.
Amendment 281 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. With a view to achieving the objectives of this Directive, ta list of categories for high value datasets is set out in Annex IIa. The Commission shall adopt the list of high value datasets among the documents to which this Directive applfrom the categories, together with the modalities of their publication and re- use.
Amendment 301 #
Proposal for a directive
Article 13 – paragraph 5
Article 13 – paragraph 5
5. The selection of datasets for the list referred to in paragraph 1 shall be based on the assessment of their potential to generate innovation, significant socio- economic benefits, the number of users and the revenues they may help generate, and their potential for being combined with other datasets.
Amendment 307 #
Proposal for a directive
Article 13 – paragraph 7 a (new)
Article 13 – paragraph 7 a (new)
7 a. For the purpose of adopting the list of high value datasets, the Commission shall carry out a public consultation with all interested stakeholders including in particular public sector bodies, public undertakings and social partners.
Amendment 323 #
Proposal for a directive
Annex II a (new)
Annex II a (new)
List of categories for high value datasets 1. Geospatial Data - Examples of datasets - Postcodes, national and local maps (cadastral, topographic, marine, administrative boundaries) 2. Earth observation and environment - Examples of datasets - Space and situ data (monitoring of weather, land and water quality, energy consumption, emission levels) 3. Statistics - National, regional and local statistical data with main demographic and economic indicators (GDP, age, unemployment, income, education) 4. Companies - Company and business registers (list of registered companies, ownership and management data, registration identifiers) 5. Budget and Spending - Examples of datasets - planned and ongoing expenditure and subsidies, records of spending 6. Public procurement - Past and current tenders