28 Amendments of Hermann WINKLER related to 2011/0430(COD)
Amendment 15 #
Proposal for a directive
Recital 6
Recital 6
(6) Directive 2003/98/EC does not containjustify an obligation to allow re-use offor Member States to allow access to, and re-use of, public-sector documents. The decision whether or not to authorise re-use remains with the Member States or the public sector body concerned. The Directive only harmonises the conditions subject to which documents are made available for re-use. At the same time, the Directive builds on national rules on access to documents. Some Member States have expressly linked the right of re- use to this right of access, so that all generally accessible documents are re-usable. In other Member States, the link between the two sets of rules is less clear and this is a source of legal uncertainty. whereas other Member States have legally separated the right of re-use from national rules on access to information and freedom of information.
Amendment 16 #
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) National regulations on access to public documents are based on transparency and freedom of information. In some cases, however, this right is restricted, for example to those who have a particular interest in these documents or in cases in which the documents contain sensitive information relating, for example, to national or public security.
Amendment 18 #
Proposal for a directive
Recital 6 b (new)
Recital 6 b (new)
(6b) Directive 2003/98/EC does not contain an obligation for Member States to digitise analogue material which they have available, or to make it machine- readable in a technologically neutral manner. Public sector bodies may themselves decide what data are to be digitised when and under what conditions.
Amendment 19 #
Proposal for a directive
Recital 6 c (new)
Recital 6 c (new)
(6c) Directive 2003/98/EC applies to documents the supply of which forms part of the public task of the public-sector bodies concerned, as defined by law or by other binding rules in the Member State in question. It should be possible for this public task to be defined for the bodies concerned either in general or from case to case.
Amendment 21 #
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 tolimits the intellectual property rights hoeld by the authors of the documents, t. The scope of such a link between the right of access and the right of use should therefore be narrowed to what is strictly necessary to reach the objectives pursued by its introduction. In this respect, taking 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 28 #
Proposal for a directive
Recital 10 a (new)
Recital 10 a (new)
(10a) As regards the description, digitisation and presentation of cultural collections, there are numerous cooperation arrangements between libraries (including university libraries), museums, archives and private partners which involve public sector bodies granting exclusive rights of access and commercial exploitation to cooperation partners. Practice has shown that these public-private partnerships can facilitate worthwhile use of cultural collections and at the same time that they accelerate access to the cultural heritage for members of the public. Directive 2003/98/EC should therefore not preclude the conclusion of agreements granting exclusive rights. Moreover, cultural institutions should be free to choose for themselves the partners with which they wish to cooperate, subject to compliance with the principles of transparency and non-discrimination.
Amendment 32 #
Proposal for a directive
Recital 11
Recital 11
(11) To facilitate re-use, public sector bodies should make documents available through technology-neutral machine- readable formats and together with their metadata where possible and appropriate, in a format that ensures interoperability , e.g. by processing them in a way consistent with the principles governing the compatibility and usability requirements for spatial information under 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)22.
Amendment 42 #
Proposal for a directive
Recital 14
Recital 14
(14) Proper implementation of some of the features of this Directive, such as means of redress, compliance with charging principles and reporting obligations require supervision by independentreview by authorities competent on the re- use of public sector information. Member States have a responsibility to make appropriate national authorities responsible for this review. To ensure consistency between approaches at Union level, coordination between the independent authorities should be encouraged, particularly through exchange of information on best practices and data re- use policies.
Amendment 47 #
Proposal for a directive
Recital 18
Recital 18
(18) The Commission should assist the Member States in implementing the Directive in a consistent way by givmaking guidanceproposals, particularly on charging and calculation of costs, on recommended licensing conditions and on formats, after consulting interested parties.
Amendment 60 #
Proposal for a directive
Article 1 – point 2
Article 1 – point 2
Directive 2003/98/EC
Article 2 – point 6
Article 2 – point 6
(6) 'machine-readable' means that digital documents are sufficiently structured forso that software applications to identify reliably individual statements of fact and their internal structure.’can, in a technology-neutral manner, extract individual data which are of interest.'
Amendment 66 #
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 2003/98/EC
Article 3 – paragraph 1
Article 3 – paragraph 1
(1) Subject to paragraph (2) Member States shall ensure that documents of public sector bodies referred to in Article 1 shall be re-usable for commercial or non- commercial purposes in accordance with the conditions set out in Chapters III and IV. , provided that the documents concerned are of types classified as accessible under the rules which exist in the Member States regarding access to public sector information. Where possible, these documents shall be disseminated in technology-neutral, machine-readable form.
Amendment 68 #
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 2003/98/EC
Article 3 – paragraph 2
Article 3 – paragraph 2
(2) For documents for which libraries (including university libraries), museums and archives have intellectual property rights, Member States shall ensure that, where the re-use of documents is allowed, these documents shall be re-usable for commercial or non-commercial purposes in accordance with the conditions set out in Chapters III and IV, provided that the documents concerned are of types classified as accessible under the rules which exist in the Member States regarding access to public-sector information. Where possible, these documents shall be disseminated in technology-neutral, machine-readable form.
Amendment 70 #
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
Amendment 75 #
Proposal for a directive
Article 1 – point 5
Article 1 – point 5
Directive 2003/98/EC
Article 5 – paragraph 1
Article 5 – paragraph 1
1. In pParagraph 1, the words ‘through electronic means’ are replaced by ‘in machine-readable format and together with their metadata.’. is replaced by the following: '1. 'Public sector bodies shall make their documents available in the pre-existing formats or languages and, where possible and appropriate, in technology-neutral, machine-readable format and together with their metadata. This shall not imply an obligation for public sector bodies to create, digitise or adapt documents or render them machine-readable in a technology-neutral manner in order to comply with the request, nor shall it imply an obligation to provide extracts from documents where this would involve disproportionate effort, going beyond a simple operation.'
Amendment 79 #
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, provision and dissemination.’
Amendment 82 #
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) InParagraph 1 shall not apply to: (a) exceptional cases, in particular wherewhich public sector bodies generate 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 inneed to make a profit in order to cover a large part of the costs they have incurred in carrying out 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 Article.’remit; (b) libraries (including university libraries), museums and archives.
Amendment 89 #
Proposal for a directive
Article 1 – point 6 – point 1
Article 1 – point 6 – point 1
Directive 2003/98/EC
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 91 #
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. and shall read as follows: ‘4. Where charges as referred to in paragraph 2 are made, the total charges should be set in accordance with objective, transparent and variable criteria, and the total income from supplying and allowing re-use of documents shall not exceed the cost of collection, production, reproduction, provision and dissemination, together with a reasonable return on investment. Charges as referred to in paragraphs 1 and 2 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 94 #
Proposal for a directive
Article 1 – point 6 – point 2 a (new)
Article 1 – point 6 – point 2 a (new)
Directive 2003/98/EC
Article 6 – paragraph 4 a (new)
Article 6 – paragraph 4 a (new)
Amendment 97 #
Proposal for a directive
Article 1 – point 6 – point 3
Article 1 – point 6 – point 3
Directive 2003/98/EC
Article 6 – paragraph 5
Article 6 – paragraph 5
Amendment 98 #
Proposal for a directive
Article 1 – point 7
Article 1 – point 7
Directive 2003/98/EC
Article 7
Article 7
(7) In Article 7 (Transparency), the words ‘over and above the marginal costs or’ are inserted after ‘calculation of charges’.third sentence is replaced by the following: ‘The public sector body in question shall also indicate which factors will be taken into account in the calculation of charges as referred to in Article 6.’
Amendment 99 #
Proposal for a directive
Article 1 – point 8 – point 1
Article 1 – point 8 – point 1
‘1. Public sector bodies may allow re-use of documents without conditions or may impose conditions, such as indication of source, where appropriate through a licence dealing with relevant issues. These conditions shall not unnecessarily restrict possibilities for re- use and shall not be used to restrict competition.’
Amendment 103 #
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 to facilitating the cross-linguale searches for documents available for re-use are in placethroughout the Union, such as asset lists of main documents with relevant metadata, accessible preferably online and inin technology- neutral, machine-readable format, and portal sites that are linked to decentralised asset lists.’
Amendment 108 #
Proposal for a directive
Article 1 – point 9 a (new)
Article 1 – point 9 a (new)
Directive 2003/98/EC
Article 11 – paragraph 2
Article 11 – paragraph 2
9a. Article 11(2) is replaced by the following: ‘2. Notwithstanding paragraph 1, where an exclusive right is necessary for the provision of a service in the public interest, the validity of the exclusive rights arrangement shall be subject to regular review, and shall, in any event, be reviewed every four years. The exclusive arrangements established after the entry into force of this Directive shall be subject to the principle of transparency and shall be made public by the public sector bodies concerned.’
Amendment 111 #
Proposal for a directive
Article 1 – point 9 b (new)
Article 1 – point 9 b (new)
Directive 2003/98/EC
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
9b. In Article 11 the following paragraph is added: ‘2a. Notwithstanding paragraph 1, where an exclusive right is granted in connection with the commercial exploitation which is necessary in order to digitise cultural collections, the commercial exploitation shall not continue for longer than seven years. During this period, the exclusive right may not be reviewed. Under the terms of the exclusive rights agreement, public sector bodies shall receive a copy of the digitised cultural collection and may make it publicly available for further use after the expiry of the agreement. The exclusive arrangements established after the entry into force of this Directive shall be transparent and made public.’
Amendment 115 #
Proposal for a directive
Article 1 – point 10
Article 1 – point 10
Directive 2003/98/EC
Article 11 – paragraph 3
Article 11 – paragraph 3
(10) InParagraph 3 of Article 11 (Prohibition of exclusive arrangements), the following sentence is added at the end of paragraph 3: ‘However, such arrangements involving cultural establishments and university libraries shall read as follows: ‘3. Existing exclusive arrangements that do not qualify for an exception under paragraph 2 shall be terminated at the end of the contract or in any case not later than 31 December 2008. Such arrangements concerning libraries (including university libraries), museums and archives which do not qualify for an exception under paragraph 2 or paragraph 2a shall be terminated at the end of the contract or in any case not later than 31 December 20XX [610 years after entry into force of the Directive].’
Amendment 123 #
Proposal for a directive
Article 1 – point 12 – introductory part
Article 1 – point 12 – introductory part
Directive 2003/98/EC
Article 13 – paragraph 1
Article 13 – paragraph 1
(12) In Article 13 (Review) the date of 1 July 2008 is replaced by [35 years after the transposition datentry into force] and the following paragraph is added:
Amendment 126 #
Proposal for a directive
Article 1 – point 12
Article 1 – point 12
Directive 2003/98/EC
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
‘Member States shall submit a yearly report to the Commission every two years on the extent of the re-use of public sector information, the conditions under which it is made available and the work of the independent authority referred to in article 4(4).’