Activities of Michał BONI related to 2018/0111(COD)
Shadow reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council on the re-use of public sector information (recast) PDF (1 MB) DOC (187 KB)
Amendments (28)
Amendment 60 #
Proposal for a directive
Recital 3
Recital 3
(3) Following the stakeholder consultation and in the light of the Impact Assessment30 results, the Commission considered that action at Union level was necessary in order to address the remaining and emerging barriers to a wide re-use of public sector and publicly-funded information across the Union and to bring the legislative framework up to date with the advances in digital technologies, such as Artificial Intelligence and, the Internet of Things. _________________ 30, High Performance Cloud Computing and Quantum Technology. Open-source data sets will contribute to rapidly progress and create a new strategy to embrace a new digital technologies, especially AI. _________________ 30 SWD(2018) 127. SWD(2018) 127.
Amendment 89 #
Proposal for a directive
Recital 20
Recital 20
(20) The Member States often entrust the provision of services in the general interest with entities outside of the public sector while maintaining a high degree of control over such entities. At the same time, the provisions of the Directive 2003/98/EC apply only to documents held by public sector bodies, while excluding public undertakings from its scope. This leads to a poor availability for re-use of documents produced in the performance of services in the general interest in a number of areas, notably in the utility sectors. It also greatly reduces the potential for the creation of cross-border services based on documents held by public undertakings that provide services in the general interest. Re- use of data can play an important role in kick-starting the development of new services based on novel ways to combine and make use of such information, stimulate economic growth and promote public engagement.
Amendment 94 #
Proposal for a directive
Recital 21
Recital 21
(21) Directive 2003/98/EC should therefore be amended in order to ensure that its provisions can be applied to the re- use of documents produced in the performance of services in the general interest by public undertakings pursuing one of the activities referred to in Articles 8 to 14 of Directive 2014/25/EU of the European Parliament and of the Council33 , as well as by public undertakings acting as public service operators pursuant to Article 2 of Regulation (EC) No 1370/2007 of the European Parliament and the Council on public passenger transport services by rail and by road, 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 Council of 24 September 2008 on common rules for the operation of air services in the Community, and public undertakings acting as Community shipowners fulfilling public service obligations pursuant to Article 4 of 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). Due to the critical nature of their activities and to security and notification requirements they have to comply with, the provisions shall not apply to public undertakings where their activities fall under rules governing operators of critical infrastructures including operators of essential services as defined in point (4) of Article 4 of Directive (EU) 2016/1148. _________________ 33 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).
Amendment 103 #
Proposal for a directive
Recital 23
Recital 23
(23) The volume of research data generated is growing exponentially and has potential for re-use beyond the scientific community. In order to be able to address mounting societal challenges efficiently and in a holistic manner, it has become crucial and urgent to be able to access, blend and re-use data from different sources, as well as across sectors and disciplines. Research data includes statistics, results of experiments, measurements, observations resulting from fieldwork, survey results, interview recordings and images. It also includes meta-data, specifications and other digital objects. Research data is different from scientific articles reporting and commenting on findings resulting from their scientific research. For many years, the open availability and re-usability of scientific research results stemming from public funding has been subject to specific policy initiatives. Open access policies aim in particular to provide researchers and the public at large with access to research data as early as possible in the dissemination process and to enable its use and re-use. Open access helps enhance quality, reduce the need for unnecessary duplication of research, speed up scientific progress, combat scientific fraud, and it can overall favour economic growth and innovation. Beside open access, data management planning is swiftly becoming a standard scientific practice for ensuring data that is findable, accessible, interoperable and re- usable (FAIR principles), as is the consistent provision of data management plans which must be further encouraged.
Amendment 105 #
Proposal for a directive
Recital 24
Recital 24
(24) For the reasons explained above, it is appropriate to set an obligation on Member States to adopt open access policies with respect to publicly-funded research results and ensure that such policies are implemented by all research performing organisations and research funding organisations. Open access policies typically allow for a range of exceptions from making scientific research results openly available. On 17 July 2012, the Commission adopted a Recommendation on access to and preservation of scientific information, updated on 25 April 201834 , and describing, among other things, relevant elements of open access policies. Additionally, the conditions, under which certain research results can be re-used, should be improved. For this reason, certain obligations stemming from this Directive should be extended to research data resulting from scientific research activities subsidised by public funding or co-funded by public and private-sector entities. As a result, partially or fully publicly-funded research data should be made open as the default option. However, in this context, concerns in relation to privacy, protection of personal data, trade secrets, national and public security, legitimate commercial interests and to intellectual property rights of third parties should be duly taken into account in accordance with the principle "as open as possible, as closed as necessary" in order to focus on encouraging data management as an essential part of research. Where access to data or metadata is restricted, valid reasons for these restrictions on re-use must be communicated to the public. In order to avoid any administrative burden, such obligations should only apply to such research data that have already been made publicly available by researchers. Other types of documents held by research performing organisations and research funding organisations should continue to be exempt from the scope of application of this Directive. _________________ 34 C(2018)2375 C(2018)2375
Amendment 111 #
Proposal for a directive
Recital 27
Recital 27
(27) Public sector bodies and public undertakings are increasingly making their documents available for re-use in a proactive manner, by ensuring online discoverability and actual availability of both metadata and the underlying content. Documents should also be made available for re-use following a request lodged by a re-user. In those cases, the time limit for replying to requests for re-use should be reasonable and in accordance with the equivalent time for requests to access the document under the relevant access regimes. Public undertakings, eEducational establishments, research performing organisations and research funding organisations should however be exempt from this requirement. Reasonable time limits throughout the Union will stimulate the creation of new aggregated information products and services at pan-European level. This is particularly important for dynamic data ( including traffic data , satellite data, weather data ), the economic value of which depends on the immediate availability of the information and of regular updates. Dynamic data should therefore be made available immediately after collection, via an Application Programming Interface so as to facilitate the development of internet, mobile and cloud applications based on such data. Whenever this is not possible due to technical or financial constraints, public sector bodies and public undertakings should make the documents available in a timeframe that allows their full economic potential to be exploited. Should a licence be used, the timely availability of documents may be a part of the terms of the licence.
Amendment 116 #
Proposal for a directive
Recital 28
Recital 28
(28) In order to get access to the data opened for re-use by this Directive, the use of suitable and well-designed Application Programming Interfaces (APIs) is needed. An API describes the kind of data can be retrieved, how to do this and the format in which the data will be received. It has different levels of complexity and can mean a simple link to a database to retrieve specific datasets, a web interface, or more complex set-ups. There is general value in re-using and sharing data via a suitable use of APIs as this will help developers and start-ups to create new services and products. It is also a crucial ingredient of creating valuable ecosystems around data assets that are often unused. The set-up and use of API needs to be based on several principles: stability, maintenance over lifecycle, uniformity of use and standards, user-friendliness as well as security. For dynamic data, meaning frequently updated data, often in real time, public sector bodies and public undertakings shall make this available for re-use immediately after collection by ways of suitable APIs which need to be compatible with the FAIR principles.
Amendment 118 #
Proposal for a directive
Recital 30
Recital 30
(30) To facilitate re-use, public sector bodies shouldand public undertakings, where possible and appropriate, make documents , including those published on websites, available through open and machine- readable formats and together with their metadata, at the best level of precision and granularity, 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 Council36 . _________________ 36 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) (OJ L 108, 25.4.2007, p.1).
Amendment 119 #
Proposal for a directive
Recital 31
Recital 31
(31) A document should be considered to be in a machine-readable format if it is in a file format that is structured in such a way that software applications can easily identify, recognise and extract specific data from it. Data encoded in files that are structured in a machine-readable format should be considered to be machine- readable data. Machine-readable formats can be open or proprietary; they can be formal standards or not. Documents encoded in a file format that limits automatic processing, because the data cannot, or cannot easily, be extracted from them, should not be considered to be in a machine-readable format. Member States should where possible and appropriate encourage the use of open, machine- readable formats. Solusions developed by ISA² programme should be taken into account in designing technical methods for re-use of data.
Amendment 122 #
Proposal for a directive
Recital 33
Recital 33
(33) Libraries, museums and archives should also be able to charge above marginal costs in order not to hinder their normal running. In the case of such public sector bodies the total income from supplying and allowing re-use of documents over the appropriate accounting period should not exceed the cost of collection, production, reproduction, dissemination, preservation and rights clearance, together with a reasonable return on investment. Where applicable, the costs of anonymisation of personal data or of commercially sensitive information should also be included in the eligible cost. For the purpose of libraries, museums and archives and bearing in mind their particularities, the prices charged by the private sector for the re-use of identical or similar documents could be considered when calculating a reasonable return on investment. Such charges above marginal costs should be set according to transparent, traceable and verifiable criteria.
Amendment 124 #
Proposal for a directive
Recital 36
Recital 36
(36) Ensuring that the conditions for re- use of public sector documents are clear and publicly available is a pre-condition for the development of a Union-wide information market. Therefore all applicable conditions for the re-use of the documents should be made clear to the potential re-users. Member States should encourage the creation of indices accessible on line, where appropriate, of available documents so as to promote and facilitate requests for re-use. Applicants for re-use of documents held by entities other than public undertakings, educational establishments, research performing organisations and research funding organisations should be informed of available means of redress relating to decisions or practices affecting them. This will be particularly important for SMEs and Start-ups which may not be familiar with interactions with public sector bodies from other Member States and corresponding means of redress.
Amendment 131 #
Proposal for a directive
Recital 47
Recital 47
(47) This Directive is without prejudice and should be implemented and applied in full compliance with Union law relating to the protection of personal data including Regulation (EU) 2016/679 of the European Parliament and of the Council37 and Directive 2002/58/EC of the European Parliament and of the Council38 . Anonymisation is a means to reconcile the interests in making public sector information as re-usable as possible with the obligations under data protection legislation, but comes at a cost. It is appropriate to consider this cost as one of the cost items to be considered as part of the marginal cost of dissemination as defined in Article 6 of this Directive. The obligation to make all generally available documents re-usable should be fulfilled while guaranteeing the protection of privacy and personal data in respect with the Union data protection legislation, including in cross-border data reuse, by ensuring the anonymisation of the personal data, where appropriate. _________________ 37 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) […]. 38 Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) (OJ L 201 , 31/07/2002 p. 37).
Amendment 167 #
Proposal for a directive
Article 1 – paragraph 2 – point b
Article 1 – paragraph 2 – point b
(b) documents held by public undertakings, produced outside the scope of the provision of services in the general interest as defined by law or other binding rules in the Member State or documents held by public undertakings due to their activities which fall under the definition of operators of essential services according to the NIS directive;
Amendment 181 #
Proposal for a directive
Article 1 – paragraph 2 – point k a (new)
Article 1 – paragraph 2 – point k a (new)
(ka) documents held by institutions which are covered by definition of critical infrastructure as defined by Article 2(a) of Directive 2008/114/EC;
Amendment 203 #
Proposal for a directive
Article 2 – paragraph 1 – point 9 a (new)
Article 2 – paragraph 1 – point 9 a (new)
9a. "personal data" means data as defined in Article 4 (1) of Regulation (EU) 20016/679;
Amendment 214 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Public sector bodies and public undertakings shall, through electronic means where possible and appropriate, process requests for re-use and shall make the document available for re- use to the applicant or, if a licence is needed, finalise the licence offer to the applicant within a reasonable time that is consistent with the time-frames laid down for the processing of requests for access to documents.
Amendment 216 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Where no time limits or other rules regulating the timely provision of documents have been established, public sector bodies and public undertakings shall process the request and shall deliver the documents for re-use to the applicant or, if a licence is needed, finalise the licence offer to the applicant within a timeframe of not more than 20 working days after its receipt. This timeframe may be extended by another 20 working days for extensive or complex requests. In such cases the applicant shall be notified within three weeks after the initial request that more time is needed to process it.
Amendment 218 #
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. In the event of a negative decision, the public sector bodies and public undertakings shall communicate the grounds for refusal to the applicant on the basis of the relevant provisions of the access regime in that Member State or of the national provisions adopted pursuant to this Directive, in particular points (a) to (g) of Article 1(2) or Article 3. Where a negative decision is based on point (c) of Article 1(2), the public sector body and public undertakings shall include a reference to the natural or legal person who is the rightholder, where known, or alternatively to the licensor from which the public sector body has obtained the relevant material. Libraries, including university libraries, museums and archives shall not be required to include such a reference.
Amendment 223 #
Proposal for a directive
Article 4 – paragraph 5 – point a
Article 4 – paragraph 5 – point a
Amendment 227 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. PAs long as the re-users have any possibility re-use the requested documents, paragraph 1 shall not imply an obligation for public sector bodies or public undertakings to create or adapt documents or provide extracts in order to comply with that paragraph where this would involve disproportionate effort, going beyond a simple operation.
Amendment 263 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Member States shall support the availability of research data by adopting national policies and relevant actions aiming at making publicly funded research data openly available ('open access policies')FAIR (findable, accessible, interoperable, re-usable). All partially or fully publicly- funded research data should be made open by default, with any restrictions. These open access policies shall be addressed to research performing organisations and research funding organisations.
Amendment 266 #
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Research data shall be re-usable for commercial or non-commercial purposes under the conditions set out in Chapters III and IV, insofar as they are publicly funded and whenever access to such data is provided through an institutional or subject-based repositoryies or other local, national or international data infrastructure. In this context, legitimate commercial interests, knowledge transfer activities and pre- existing intellectual property rights shall be taken into account. This provision shall be without prejudice to point (c) of Article 1(2).
Amendment 275 #
Proposal for a directive
Article 12 – paragraph 4
Article 12 – paragraph 4
4. Legal or practical arrangements that, without expressly granting an exclusive right, aim at or could reasonably be expected to lead to a restricted availability for re-use of documents by entities other than the third party participating in the arrangement, 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 in compliance with competition law within the limits of public security.
Amendment 279 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. With a view to achieving the objectives of this Directive, the Commission shall adoptMember States shall ensure that the list of categories of high value datasets, listed in Annex Ia are available for free, machine-readable and accessible for download, and where appropriate, via APIs. The conditions for re-use shall be compatible with open standard licences. The Commission shall be empowered to adopt delegated acts in accordance with Article 14 in order to extend the list of categories of high value datasets in Annex Ia new and in particular to further specify the list of high value datasets among the documents to which this Directive applies, together with the modalities of their publication and re- use.
Amendment 291 #
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. In the process of conducting Impact Assessment, a national competition authority, competent on a respective market of Member State, might be consulted.
Amendment 297 #
Proposal for a directive
Article 13 – paragraph 5
Article 13 – paragraph 5
5. The selection of datasets for the listthe list of categories 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. The provided list in Annex Ia is not exhaustive and may be expanded through delegated act, where appropriate;
Amendment 305 #
Proposal for a directive
Article 13 – paragraph 7 a (new)
Article 13 – paragraph 7 a (new)
7a. For the purposes of paragraph 7, the Commission shall carry out public consultations with all interested parties including competent bodies holding public sector information, users and re- users, applicants for the use and re-use, civil society groups and other involved organisations. All interested parties shall be given the possibility to submit suggestions to the Commission for additional categories of high value datasets or concrete datasets. The Commission shall take these into account, or provide the interested party with reasons for not taking them into account.
Amendment 320 #
Proposal for a directive
Annex I a (new)
Annex I a (new)
Category: - Geospatial date Examples of Datasets: Postcodes, national and local maps (cadastral, topographic, marine, administrative boundaries, etc.) - Earth observation and Environment Examples of Datasets: Space and in situ data (monitoring of weather, land and water quality, energy consumption, emission levels, etc.) - Transport data Examples of Datasets: Public transport timetables (all modes of transport) at national, regional and local levels, road works, traffic information, etc. - Statistics Examples of Datasets: National, regional and local statistical data with main demographic and economic indicators (GDP, age, health, unemployment, income, education, etc.) - Companies Examples of Datasets: Company and business registers (lists of registered companies, ownership and management data, registration identifiers, balance sheets, etc.)