21 Amendments of Martina WERNER related to 2018/0111(COD)
Amendment 85 #
Proposal for a directive
Recital 19
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 exceptions laid down in this Directiveshould not in any way restrict or impair the performance of the statutory tasks of public authorities and other public bodies. The Directive builds on the existing access regimes in the Member States and does not change the national rules for access to documents. It 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.
Amendment 140 #
Proposal for a directive
Recital 58
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 2901 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 delegaWhen preparing implementing acts, rights to participation in decision-making must be respected acts,nd the European Parliament and the Council receive all documents at the same time as Member States'financial and human resources needed for the effective experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated actcise of such rights must be provided. The European social partners must be involved in the preparatory process.
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 180 #
Proposal for a directive
Article 1 – paragraph 2 – point k – indent 1 (new)
Article 1 – paragraph 2 – point k – indent 1 (new)
Amendment 186 #
Proposal for a directive
Article 1 – paragraph 4 a (new)
Article 1 – paragraph 4 a (new)
4a. 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).
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 235 #
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Re-use of documents shallmay be free of charge or limited to. However, Member States may provide that the marginal costs incurred for their reproduction, provision and dissemination , storage, and – where applicable – anonymisation of personal data and measures taken to protect commercially confidential information are recovered.
Amendment 243 #
Proposal for a directive
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
(a) public sector bodies that are required to generate revenue to cover a substantial part of their costs relating to the performance of their public tasks;
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 273 #
Proposal for a directive
Article 12 – paragraph 2 – subparagraph 1
Article 12 – paragraph 2 – subparagraph 1
However, where an exclusive right is necessary for the provision of a service in the public interest, where the holder of the exclusive right is a public company fully or partially owned by the public authority or undertaking in question or where the provision of documents is necessary for the holder of the exclusive right to deliver consultancy services to the public authority or undertaking, 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 made publicly available at least two months before their coming into effect. The final terms of such arrangements shall be transparent and made publicly available .
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 311 #
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. The power to adopt delegatedimplementing acts 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. In preparing implementing acts, rights to participate in decision- making shall be respected and the financial and human resources required for the effective exercise of such rights shall be provided; the European social partners shall be involved in the preparatory process.
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