9 Amendments of Françoise GROSSETÊTE related to 2018/0111(COD)
Amendment 97 #
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 of any or all documents, within the scope of this directive, should remain with the public undertaking concerned. Only after the public undertaking 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 undertaking is not required to comply with the requirements laid down in Chapter II, such as the rules applicable to processing of requests.
Amendment 101 #
Proposal for a directive
Recital 22 a (new)
Recital 22 a (new)
(22 a) Member States should set the appropriate exceptions for documents of public undertakings with an industrial or commercial nature in order to promote the basic objective of fair competition.
Amendment 128 #
Proposal for a directive
Recital 41
Recital 41
(41) Conditions for re-use should be non-discriminatory for comparable categories of re-use. This should, for example, not prevent the exchange of information between public sector bodies free of charge for the exercise of public tasks, whilst other parties are charged for the re-use of the same documents. Neither should it prevent the adoption of a differentiated charging policy for commercial and non-commercial re- use, and the adoption of a differentiated licencing and charging policy when an economic player wishes to re-use documents in specific commercial conditions.
Amendment 170 #
Proposal for a directive
Article 1 – paragraph 2 – point b a (new)
Article 1 – paragraph 2 – point b a (new)
(ba) Member States shall set the appropriate exceptions for documents held by public undertakings with an industrial or commercial nature within the meaning of Article 34 of Directive 2014/25/EU.
Amendment 277 #
Proposal for a directive
Article 13 – title
Article 13 – title
List of categories for high value datasets
Amendment 282 #
1. With a view to achieving the objectives of this Directive, the Commission shall adopt thea list of categories for high value datasets, among the documents to which this Directive applies, together with the modalities of their publication and re- usend Member States shall set the list of high value datasets from the categories adopted by the Commission.
Amendment 292 #
Proposal for a directive
Article 13 – paragraph 3
Article 13 – paragraph 3
3. By way of exception, the free availability referred to in paragraph 2 shall not apply to high-value datasets of public undertakings if the impact assessment referred to in Article 13(7) shows that making the datasets available for free will lead to a considerable distortion of competition in the respective markets.
Amendment 300 #
Proposal for a directive
Article 13 – paragraph 5
Article 13 – paragraph 5
5. The selection of datasets for the listthe list of categories for high value datasets referred to in paragraph 1 shall be based on the assessment of their potential to generate socio-economic benefits, the number of users and the revenues they may help generate, and their potential for being combined with other datasets.
Amendment 304 #
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 categories of high value datasets held bymight concern public undertakings are concerned, the impact assessment shall give special consideration to the role of public undertakings in a competitive economic environment.