19 Amendments of Richard SULÍK related to 2018/0111(COD)
Amendment 34 #
Proposal for a directive
Recital 4
Recital 4
(4) The substantive changes introduced to the legal text so as to fully exploit the potential of public sector information for the European economy and society focus on the following areas: the provision of real-time access to dynamic data via adequate interoperable technical means, increasing the supply of high-value public data for re-use, including from public undertakings, research performing organisations and research funding organisations, tackling the emergence of new forms of exclusive arrangements, the use of exceptions to the principle of charging the marginal cost and the relationship between this Directive and certain related legal instruments, including Directive 96/9/EC31 and Directive 2007/2/EC of the European Parliament and of the Council32 . _________________ 31 Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases (OJ L 77, 27.3.1996, p. 20). 32 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 44 #
Proposal for a directive
Recital 19
Recital 19
(19) TIn the absence of harmonisation the level of transparency and access to data of public sector bodies, bodies governed by public law and public undertakings remains within the competence of each Member State. However, once publicly available, the Directive lays down an obligation for Member States to make all publicly available documents re-usable unless access is restricted or excluded under national rules, national law including the case-law on access to documents and subject to the other 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. 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 52 #
Proposal for a directive
Recital 27
Recital 27
(27) Public sector bodies 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, educational establishments, research performing organisations and research funding organisations shouldmay 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 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 53 #
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 interoperable 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, interoperability of APIs, 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.
Amendment 55 #
Proposal for a directive
Recital 28 a (new)
Recital 28 a (new)
(28a) As Member States can have their own APIs, operating systems and frameworks, ensuring interoperability of APIs used according to the Directive is crucial. In order to ensure interoperability of APIs, especially in the categories of information falling under High value datasets, 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 the minimum criteria and standards for APIs.
Amendment 59 #
Proposal for a directive
Recital 32
Recital 32
(32) Charges for the re-use of documents constitute an important market entry barrier for start-ups and SMEs. Documents should therefore be made available for re-use without charges and, where charges are necessary , they should in principle be limited to the marginal costs. In exceptional cases , the necessity of not hindering the normal running of 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 should be taken into consideration. The role of public undertakings in a competitive economic environment should also be acknowledged. In such cases, public sector bodies and public undertakings should therefore be able to charge above marginal costs. Those charges should be set according to objective, transparent and verifiable criteria and 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. Where applicable, the costs of anonymisation of personal data or of commercially sensitive information should also be included in the eligible cost. The requirement to generate revenue to cover a substantial part of the public sector bodies’ costs relating to the performance of their public tasks or the scope of the services of general interest entrusted with public undertakings does not have to be a legal requirement and may stem, for example, from administrative practices in Member States. Such a requirement should be regularly reviewed by the Member States.
Amendment 68 #
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 in the interest of the whole European union having a particular high value for European 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 within the categories specified in the Directive 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. Opinions of other professional stakeholders, such as experts from non-governmental organizations should be properly considered.
Amendment 73 #
Proposal for a directive
Recital 59
Recital 59
(59) An EU-wide list of datasets within the categories specified in the Directive with a particular potential to generate European wide 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 relevant categories within the categories specified in the Directive indicated in the Technical Annex of the G8 Open Data Charter and in the Commission's Notice 2014 /C 240/01.
Amendment 74 #
Proposal for a directive
Recital 60
Recital 60
(60) IThe decision which information is made publicly available remains within the competence of the Member States, unless otherwise stipulated in Union law. However, once publicly available, in view of ensuring their maximum impact and to facilitate re-use, the high- value datasets should be made available for re-use with minimal legal restrictions and at no cost. They should also be published via Application Programming Interfaces, whenever the dataset in question contains dynamic data.
Amendment 77 #
Proposal for a directive
Recital 63
Recital 63
(63) TAfter the time sufficient to reflect the impact of the changes introduced by the Directive, the Commission should carry out an evaluation of this Directive. Pursuant to paragraph 22 of the Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making of 13 April 201641 , that evaluation should be based on the five criteria of efficiency, effectiveness, relevance, coherence and EU value added and should provide the basis for impact assessments of possible further measures. _________________ 41 OJ L123, 12.5. 2016, p1. OJ L123, 12.5. 2016, p1.
Amendment 108 #
Proposal for a directive
Article 5 – paragraph 5 a (new)
Article 5 – paragraph 5 a (new)
5a. By means of a delegated act, the Commission shall lay down criteria for interoperability of APIs among Member States to support machine-to-machine interaction.
Amendment 125 #
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 adopt the list of high value datasets among the documents to which this Directive applies, together with the modalities of their publication and re- useonly within the following categories: (a) business registers (b) maps (c) national law (d) public procurement among the documents to which this Directive applies.
Amendment 127 #
Proposal for a directive
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
1a. Member States shall decide which types of information specified in the list of high value datasets are publicly available. However, once publicly available they shall respect conditions stipulated in this Directive.
Amendment 129 #
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
2. These datasets shall be available for free, machine-readable and accessible via interoperable APIs. The conditions for re- use shall be compatible with open standard licences.
Amendment 130 #
Proposal for a directive
Article 13 – paragraph 4
Article 13 – paragraph 4
Amendment 135 #
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. The power to adopt delegated acts referred to in Article 5 and Article 13 shall be conferred on the Commission for a period of fivetwo 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 fivetwo-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.
Amendment 136 #
3. The delegation of power referred to in Article 5 and 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.
Amendment 137 #
Proposal for a directive
Article 14 – paragraph 6
Article 14 – paragraph 6
6. A delegated acts adopted pursuant to Article 5 and 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.
Amendment 138 #
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
1. No sooner than fourseven years after the date of transposition of this Directive, the Commission shall carry out an evaluation of this Directive and present a Report on the main findings to the European Parliament, the Council and the European Economic and Social Committee. The evaluation shall be conducted according to the Commission's better regulation Guidelines47 . Member States shall provide the Commission with the information necessary for the preparation of that Report . _________________ 47 SWD (2017)350