Activities of Sajjad KARIM related to 2011/0430(COD)
Shadow reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council amending Directive 2003/98/EC on re-use of public sector information PDF (523 KB) DOC (779 KB)
Amendments (23)
Amendment 16 #
Proposal for a directive
Recital 12
Recital 12
(12) Where charges are made for supplying and allowing the re-use of documents, they should in principle be limited to the marginal costs incurred for their reproduction and dissemination, unless exceptionally justified according to objective, transparent and verifiable criteria. The necessity of not hindering the normal running of public sector bodies covering a substantial part of. However, for public sector bodies that cover a substantial part of their costs relating to the performance of their public task or any particular activity falling within their public task as well as the normal running of libraries, museums and archives their ability to continue funding their operating cost relating to the performance of their public task from the exploitation of their intellectual property rights should notably be taken into considerationons in this manner should notably be taken into consideration. Those public sector bodies should be allowed to charge higher charges for re-use. 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. The burden of proving that charges are cost- oriented and comply with relevant limitscriteria should lie with the public sector body charging for the re-use of documents.
Amendment 18 #
Proposal for a directive
Article 1 – point 1 – point 1 a (new)
Article 1 – point 1 – point 1 a (new)
(1a) In paragraph 2, point (b) is replaced by the following: '(b) documents for which third parties hold intellectual property rights, including documents held by a university library in which the university holds intellectual property rights;'
Amendment 19 #
Proposal for a directive
Article 1 – point 4 – point 2 – introductory wording
Article 1 – point 4 – point 2 – introductory wording
(2) At the end of paragraph 4, the following wording is addedParagraph 4 is replaced by the following:
Amendment 20 #
Proposal for a directive
Recital 7
Recital 7
(7) Directive 2003/98/EC should therefore lay down a clear obligation for Member States to make all generally available documents re-usable. As it constitutes a limitation to the intellectual property rights hold by the authors of the documents, the scope of such a link between the right of access and the right of use should be narrowed to what is strictly necessary to reach the objectives pursued by its introduction. In this respect, tTaking into account the Union legislation and Member States' and Union's international obligations, notably under the Berne Convention for the Protection of Literary and Artistic Works and the Agreement on Trade-Related Aspects of Intellectual Property Rights (the TRIPS Agreement), documents on which third parties hold intellectual property rights should be excluded from the scope of Directive 2003/98/EC. If a third party was the initial owner of a document held by libraries (including university libraries), museums and archives that is still protected by intellectual property rights, that document should, for the purpose of this Directive, be considered as a document for which third parties hold intellectual property rights.
Amendment 20 #
Proposal for a directive
Article 1 – point 4 – point 2
Article 1 – point 4 – point 2
Directive 2003/98/EC
Article 4 – paragraph 4
Article 4 – paragraph 4
'4. Any decision on re-use shall contain a reference to the means of redress in case the applicant wishes to appeal the decision. The means of redress shall include the possibility of review by an independentmpartial review body, such as the national competition authority, that is vested with specific regulatory powere national access to documents authority or the national judicial authority, that has the authority to investigate complaints regarding the re-use of public sector informationdocuments and whose decisions are binding uponmust be considered by the public sector body concerned.'
Amendment 21 #
Proposal for a directive
Article 1 – point 6 – point 1
Article 1 – point 6 – point 1
Directive 2003/98/EC
Article 6 – paragraph 1
Article 6 – paragraph 1
'1. Where charges are made for the re-use of documents, the total amount charged by public sector bodies shall be limited to the marginal costs incurred for their reproduction, collection, production and dissemination.'
Amendment 22 #
Proposal for a directive
Article 1 – point 6 – point 1
Article 1 – point 6 – point 1
Directive 2003/98/EC
Article 6 – paragraph 2
Article 6 – paragraph 2
'2. In exceptional cases, in particular where pParagraph 1 shall not apply to the following: (a) Public sector bodies that generate revenue to cover a substantial part of their operating costs relating to the performance of their public service tasks from the exploitation of their intellectual property rights, public sector bodies may be allowed to charge for the re-use of documents over and above the marginal costs, according to objective, transparent and verifiable criteria, provided this is tasks or any particular activity falling within their public interest and subject to the approval of the independent authority referred to in Article 4(4), and without prejudice to paragraphs 3 and 4 of this Articletasks. (b) Libraries (including university libraries), museums and archives.'
Amendment 24 #
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) For the purpose of identifying documents the supply of which is an activity falling outside the scope of the public task of the public sector bodies concerned as defined by law or by other binding rules in the Member State, the public task could be defined generally or on a case-by-case basis for individual public sector bodies.
Amendment 25 #
Proposal for a directive
Article 1 – point 6 – point 1
Article 1 – point 6 – point 1
Directive 2003/98/EC
Article 6 – paragraph 4 (new)
Article 6 – paragraph 4 (new)
'4. Where charges are made under paragraph 2, the total income from supplying and allowing re-use of documents shall not exceed the cost of collection, production, reproduction and dissemination, together with a reasonable return on investment. Charges should be cost-oriented over the appropriate accounting period and calculated in line with the accounting principles applicable to the public sector bodies involved.'
Amendment 26 #
Proposal for a directive
Recital 7 b (new)
Recital 7 b (new)
(7b) This Directive should be implemented and applied in full compliance with the principles relating to the protection of personal data in accordance with the Directive 95/46/EC of the European Parliament and the Council of 24 October 1995 on the protection of individuals with regard to the processing of data and of the free movement of such data. In particular, the granting of permission to re-use documents access to which is not restricted by virtue of access regimes in the Member States should respect the restrictions set by national law in compliance with Directive 95/46/EC on processing of personal data contained therein.
Amendment 26 #
Proposal for a directive
Article 1 – point 6 – point 2
Article 1 – point 6 – point 2
Amendment 27 #
Proposal for a directive
Article 1 – point 10
Article 1 – point 10
10. In Article 11 (Prohibition of exclusive arrangements), the following sentence is added at the end of paragraph 3: is amended as follows: '(1) The following paragraph is inserted : 2a. Notwithstanding paragraph 11(1), where an exclusive right is necessary for the provision of a service in the public interest such as digitisation, the validity of the reason for granting such an exclusive right shall be subject to regular review, and shall, in any event, be reviewed every three years. The exclusive arrangements established after the entry into force of this Directive shall be transparent and made public. Where an exclusive right relating to the preferential commercial exploitation necessary to digitise cultural resources exists, the public sector body shall be provided with a copy of the digitised cultural resources as part of that agreement.'
Amendment 28 #
Proposal for a directive
Article 1 – point 10 – point 2 (new)
Article 1 – point 10 – point 2 (new)
Directive 2003/98/EC
Article 11 – paragraph 3
Article 11 – paragraph 3
Amendment 35 #
Proposal for a directive
Recital 12
Recital 12
(12) Where charges are made for supplying and allowing the re-use of documents, they should in principle be limited to the marginal costs incurred for their reproduction and dissemination, unless exceptionally justified according to objective, transparent and verifiable criteria. T. However, the necessity of not hindering the normal running of public sector bodies that covering a substantial part of the operatingir costs relating to the performance of their public task from the exploitation of their intellectual property rights should notably be taken into considerationor any particular activity falling within their public task as well as the normal running of libraries, museums and archives should notably be taken into consideration. Those public sector bodies should be allowed to charge higher charges for re-use. 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. The burden of proving that charges are cost-oriented and comply with relevant limitscriteria should lie with the public sector body charging for the re- use of documents.
Amendment 49 #
Proposal for a directive
Article 1 – point 1 – point 1 a (new)
Article 1 – point 1 – point 1 a (new)
(1a) In paragraph 2, point (b) is replaced by the following: "(b) documents for which third parties hold intellectual property rights, including documents held by a university library in which the university holds intellectual property rights;".
Amendment 52 #
Proposal for a directive
Article 1 – point 1 – point 2 a (new)
Article 1 – point 1 – point 2 a (new)
Directive 2003/98/EC
Article 1 – paragraph 2 – point e a (new)
Article 1 – paragraph 2 – point e a (new)
(2a) In paragraph 2, the following point is inserted after point (e): “(ea) documents held by archives, museums or libraries (including university libraries) of a particularly sensitive religious nature or that involve traditional knowledge;”
Amendment 69 #
Proposal for a directive
Article 1 – point 4 – point 2 – introductory part
Article 1 – point 4 – point 2 – introductory part
Directive 2003/98/EC
Article 4 – paragraph 4
Article 4 – paragraph 4
(2) At the end of paragraph 4, the following wording is addedParagraph 4 is replaced by the following:
Amendment 71 #
Proposal for a directive
Article 1 – point 4 – point 2
Article 1 – point 4 – point 2
Directive 2003/98/EC
Article 4 – paragraph 4
Article 4 – paragraph 4
Any decision on re-use shall contain a reference to the means of redress in case the applicant wishes to appeal the decision. The means of redress shall include the possibility of review by an independentmpartial review body, such as the national competition authority, that is vested with specific regulatory powere national access to documents authority or the national judicial authority, that has the authority to investigate complaints regarding the re-use of public sector informationdocuments and whose decisions are binding uponmust be considered by the public sector body concerned.
Amendment 78 #
Proposal for a directive
Article 1 – point 6 – point 1
Article 1 – point 6 – point 1
Directive 2003/98/EC
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Where charges are made for the re-use of documents, the total amount charged by public sector bodies shall be limited to the marginal costs incurred for their collection, production, reproduction and dissemination.
Amendment 84 #
Proposal for a directive
Article 1 – point 6 – point 1
Article 1 – point 6 – point 1
Directive 2003/98/EC
Article 6 – paragraph 2
Article 6 – paragraph 2
2. In exceptional cases, in particular whereParagraph 1 shall not apply to public sector bodies that generate revenue to cover a substantial part of their operating costs relating to the performance of their public service tasks from the exploitation of their intellectual property rights, public sector bodies may be allowed to charge for the re-use of documents over and above the marginal costs, according to objective, transparent and verifiable criteria, provided this is tasks or any particular activity falling within their public interest and subject to the approval of the independent authority referred to in Article 4(4), antasks. This exclusion shall be applied without prejudice to paragraphs 3 and 4 of this Article.
Amendment 92 #
Proposal for a directive
Article 1 – point 6 – point 2
Article 1 – point 6 – point 2
Directive 2003/98/EC
Article 6 – paragraph 4
Article 6 – paragraph 4
(2) The existing text of Article 6 becomes paragraph 4 amended in the following way: Where charges are made under paragraphs 2 and 3, the total income from supplying and allowing re-use of documents shall not exceed the cost of collection, production, reproduction and dissemination, together with a reasonable return on investment. Charges should be cost-oriented over the appropriate accounting period and calculated in line with the accounting principles applicable to the public sector bodies involved.
Amendment 105 #
Proposal for a directive
Article 1 – point 9
Article 1 – point 9
Directive 2003/98/EC
Article 9
Article 9
Member States shall ensure thatmake practical arrangements facilitating the cross- lingual search for documents available for re-use are in place, such as asset lists of main documents with relevant metadata, accessible preferablypreferably accessible online and in machine-readable format, and portal sites that are linked to decentralised asset lists.
Amendment 119 #
Proposal for a directive
Article 1 – point 10
Article 1 – point 10
Directive 2003/98/EC
Article 11 – paragraph 3
Article 11 – paragraph 3