[ParlTrack]

Proposal for a directive
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~~without prejudice to exceptions laid down in this Directive. The Directive builds on the existing access regimes in the Member States and does not change the national rules for access to documents. ItDecisions on whether to publish information are left to the discretion of the Member States. The Directive 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.

2018/10/12
Committee: ITRE

Angelika NIEBLER

Proposal for a directive
Recital 58

(58) In order to set in place conditions supporting the re-use of documents which is associated with important socio- economic benefits having a particular high value for economy and society, 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 of 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.deleted

2018/10/12
Committee: ITRE

Angelika NIEBLER

Proposal for a directive
Recital 59

(59) An EU-wide list of datasets with a particular 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.deleted

2018/10/12
Committee: ITRE

Sven SCHULZE, Sabine VERHEYEN, Angelika NIEBLER

Proposal for a directive
Article 1 – paragraph 1 – point a

(a) ~~existing~~publicly accessible documents held by public sector bodies of the Member States;

2018/10/12
Committee: ITRE

Angelika NIEBLER

Proposal for a directive
Article 1 – paragraph 1 – point a

(a) ~~existing~~publicly accessible documents held by public sector bodies of the Member States;

2018/10/12
Committee: ITRE

Angelika NIEBLER

Proposal for a directive
Article 1 – paragraph 1 – point b

(b) ~~existing~~publicly accessible 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, 28.03.2014, p. 243). 43 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. 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)~~.

2018/10/12
Committee: ITRE

Sven SCHULZE, Sabine VERHEYEN, Angelika NIEBLER

Proposal for a directive
Article 1 – paragraph 1 – point b

(b) ~~existing~~publicly accessible 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 2007 on 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)~~.

2018/10/12
Committee: ITRE

Sven SCHULZE, Sabine VERHEYEN, Angelika NIEBLER

Proposal for a directive
Article 1 – paragraph 1 – subparagraph 1 (new)

This Directive in no way affects the protection of individuals with regard to the processing of personal data under the provisions of EU and national law, and in particular does not alter the obligations and rights set out in Regulation (EU) 2016/679 (General Data Protection Regulation).

2018/10/12
Committee: ITRE

Sven SCHULZE, Sabine VERHEYEN, Angelika NIEBLER

Proposal for a directive
Article 1 – paragraph 2 – point b a (new)

(ba) documents held by public undertakings of an industrial or commercial nature within the meaning of Article 34 of Directive 2014/25/EU;

2018/10/12
Committee: ITRE

Angelika NIEBLER

Proposal for a directive
Article 1 – paragraph 2 – point c a (new)

(ca) documents which are essential for the functioning of critical infrastructure within the meaning of Article 2(a) of Directive 2008/114/EC;

2018/10/12
Committee: ITRE

Angelika NIEBLER

Proposal for a directive
Article 1 – paragraph 2 – point c b (new)

(cb) documents held by public undertakings of an industrial or commercial nature within the meaning of Article 34 of Directive 2014/25/EU;

2018/10/12
Committee: ITRE

Sven SCHULZE, Sabine VERHEYEN, Angelika NIEBLER

Proposal for a directive
Article 1 – paragraph 2 – point d a (new)

(da) critical infrastructure within the meaning of Article 2(a) of Directive 2008/114/EC;

2018/10/12
Committee: ITRE

Sven SCHULZE, Sabine VERHEYEN, Angelika NIEBLER

Proposal for a directive
Article 6 – paragraph 2 – point –a (new)

(-a) 2a. by way of exception, documents for which the public sector body concerned is required to generate sufficient revenue to cover a substantial part of the costs relating to their collection, production, reproduction and dissemination. Those requirements shall be defined by law or by other binding rules in the Member State. In the absence of such rules, the requirements shall be defined in accordance with common administrative practice in the Member State concerned.

2018/10/12
Committee: ITRE

Sven SCHULZE, Sabine VERHEYEN, Angelika NIEBLER

Proposal for a directive
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 where possible not grant exclusive rights. Any existing exemptions from procurement legislation under Article 11 of Directive 2014/24/EU and innovation partnerships as defined in Article 31 of Directive 2014/24/EU shall be taken into account.

2018/10/12
Committee: ITRE

Angelika NIEBLER

Proposal for a directive
Article 13

1. objectives of this Directive, the Commission shall adopt the list of high value datasets among the documents to which this Directive applies, together with the modalities of their publication and re- use. 2. for free, machine-readable and accessible via APIs. The conditions for re-use shall be compatible with open standard licences. 3. 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. 4. out in paragraph 2, the Commission may define other applicable modalities, in particular a. b. technical modalities of their publication and dissemination. 5. list 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. 6. Article shall be adopted by the Commission by means of a delegated act in accordance with Article 290 of the TFEU and subject to the procedure laid down in Article 14. 7. 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 undertakings are concerned, the impact assessment shall give special consideration to the role of public undertakings in a competitive economic environment.Article 13 deleted List of high value datasets With a view to achieving the These datasets shall be available By way of exception, the free In addition to the conditions set any conditions for re-use; formats of data and metadata and The selection of datasets for the The measures referred to in this The Commission shall conduct an

2018/10/12
Committee: ITRE

Angelika NIEBLER

Proposal for a directive
Article 14

1. is conferred on the Commission subject to the conditions laid down in this Article. 2. referred to in Article 13 shall be conferred on the Commission for a period of five years from [date of entry into force of the Directive]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. 3. to in Article 13 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. 5. As soon as it adoptsArticle 14 deleted Exercise of the delegation The power to adopt delegated acts The power to adopt delegated acts The delegation of power referred Before adopting a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 6. 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 two 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 two months at the initiative of the European Parliament or of the Council.A delegated act adopted pursuant

2018/10/12
Committee: ITRE

16 Amendments of Angelika NIEBLER related to 2018/0111(COD)

ParlTrack - 2011-2024