28 Amendments of Lucy ANDERSON related to 2018/0111(COD)
Amendment 35 #
Proposal for a directive
Recital 6
Recital 6
(6) The public sector in the Member States collects, produces, reproduces and disseminates a wide range of information in many areas of activity, such as social, economic, geographical, weather, tourist, business, patent and educational information. Documents produced by public sector bodies of executive, legislative or judicial nature constitute a vast, diverse and valuable pool of resources that can benefit the knowledge economy as well as the consumer.
Amendment 36 #
Proposal for a directive
Recital 6
Recital 6
(6) The public sector at national, regional and local levels in the Member States collects, produces, reproduces and disseminates a wide range of information in many areas of activity, such as social, economic, geographical, weather, tourist, business, patent and educational information. Documents produced by public sector bodies of executive, legislative or judicial nature constitute a vast, diverse and valuable pool of resources that can benefit the knowledge economy.
Amendment 37 #
Proposal for a directive
Recital 7
Recital 7
(7) Directive 2003/98/EC of the European Parliament and of the Council of 17 November 2003 on the re-use of public sector information established a minimum set of rules governing the re-use and the practical means of facilitating re-use of existing documents held by public sector bodies of the Member States , including executive, legislative and judicial bodies . Since the adoption of the first set of rules on re-use of public sector information , the amount of data in the world, including public data, has increased exponentially and new types of data are being generated and collected. In parallel, we are witnessing a continuous evolution in technologies for analysis, exploitation and processing of data such as Artificial Intelligence, machine learning and Internet of Things. This rapid technological evolution makes it possible to create new services and new applications, which are built upon the use, aggregation or combination of data. The rules originally adopted in 2003 and later amended in 2013 no longer keep pace with these rapid changes and as a result the economic and social opportunities offered by re-use of public data risk being missed.
Amendment 40 #
Proposal for a directive
Recital 13
Recital 13
(13) Open data policies which encourage the wide availability and re-use of public sector information for private or commercial purposes, with minimal or no legal, technical or financial constraints, and which promote the circulation of information not only for economic operators but also for the public, 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 social engagement. Thus, public administrations should have open access to government public data by default. In this respect, the ISA2 programme is an opportunity to develop interoperability standards for big data management within public administrations and in their dealings with businesses and citizens.
Amendment 41 #
(13) OCoupled with strong data protection policies where appropriate, open data policies which encourage the wide availability and re-use of public sector information for private or commercial purposes, with minimal or no legal, technical or financial constraints, and which promote the circulation of information not only for economic operators but also for the public, 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 social engagement.
Amendment 42 #
Proposal for a directive
Recital 14
Recital 14
(14) Moreover, without minimum harmonisation at Community level, legislative activities at national level, which have already been initiated in a number of Member States in order to respond to the technological challenges, might result in even more significant differences. The impact of such legislative differences and uncertainties will become more significant with the further development of the information society, which has already greatly increased cross- border exploitation of information. Thus, interoperability, open standards and open data are not only fundamental in a cross- border context but are also needed at the national, regional and local administrative levels in each Member State.
Amendment 45 #
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 Directive, such as on the grounds of protection of personal data or national security. 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. This Directive does not set any minimum or maximum data retention obligation, applicable national rules will apply. 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 47 #
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). , without creating an obligation for the public undertakings. _________________ 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 48 #
Proposal for a directive
Recital 22
Recital 22
(22) This Directive shoulddoes not contain an obligation to allow the re-use of documents produced by public undertakings. The decision whether or not to authorise re-use shouldof any or all documents, within the scope of this directive, remains with the public undertaking concerned. Only after the public undertaking has chosen to make a document available for re-use, should it observe the relevant obligations laid down in Chapters III and IV of this Directive, in particular as regards formats, charging, transparency, licences, non-discrimination and prohibition of exclusive arrangements. On the other hand, the public undertaking is not required to comply with the requirements laid down in Chapter II, such as the rules applicable to processing of requests.
Amendment 50 #
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 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 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. However, there are considerable differences among Member States in this area, with 22 out of 28 Member States using API traffic less than 10 %. In this sense, additional practical support is necessary for many public sector bodies across Europe to move towards web-based use of dynamic data and APIs in general. Consequently, this Directive and the Digital Europe Programme COM(2018) 434 need to be fully consistent with one another.
Amendment 57 #
Proposal for a directive
Recital 32
Recital 32
(32) Charges for the re-use of documents constitute an important market entry barrier forHeterogeneous practices in terms of charging persists not only between Member States, but also between public bodies within the same Member State. Charges for the re-use of documents negatively affect the extent of public sector information re-use by start-ups and SMEs. Documents should therefore be made available for re-use without charges and,or where charges are necessary made, they should in principle be limited to the marginal costs relating to the collection, production, reproduction, dissemination, storage and where applicable, anonymisation of certain documents for re-use. 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 61 #
Proposal for a directive
Recital 32 a (new)
Recital 32 a (new)
(32a) The return on investment can be understood as a percentage, in addition to marginal costs, allowing for the recovery of the cost of capital and the inclusion of a real rate of return. As the cost of capital is closely linked to credit institutions' interest rates, themselves based on the ECB's fixed rate on main refinancing operations, the reasonable return on investment could not be expected to be more than 5 % above the ECB's fixed interest rate.
Amendment 65 #
Proposal for a directive
Recital 48 a (new)
Recital 48 a (new)
(48a) The use of open data must ensure that the same data protection and privacy standards apply to a situation when public sector data is used for commercial purposes as when such data remains within the public sector.
Amendment 70 #
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, ta list of categories for high value datasets is included in Annex IIa. 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 ofspecific high-value datasets among the documents to which this Directive appliesfrom the priority categories specified in Annex IIa, 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.
Amendment 71 #
Proposal for a directive
Recital 59
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, according to the priority categories set out in Annex IIa, the Commission should carry out appropriate consultations, including at expert level. The list s public consultation and consultations at expert level. All interested stakehould 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 240/01ers including public sector bodies, public undertakings, data re-users, research organisations, civil society groups, and other representative organisations may submit suggestions for specific datasets. The list should take into account sectoral legislation that already regulates the publication of datasets.
Amendment 75 #
Proposal for a directive
Recital 60
Recital 60
(60) 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. High value datasets should be aggregated at Union level to simplify access and promote discoverability. They should also be published via Application Programming Interfaces, whenever the dataset in question contains dynamic data.
Amendment 79 #
Proposal for a directive
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) existing 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 ship- owners fulfilling public service obligations pursuant to Article 4 of Council Regulation (EEC) No 3577/9245 . This Directive shall not contain an obligation to allow the re- use of documents produced by public undertakings. The decision whether or not to authorise re-use shall remain with the public undertaking concerned, without prejudice to applicable sectoral rules. _________________ 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 2007on 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).
Amendment 115 #
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 116 #
Proposal for a directive
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
1a. Public authorities should disclose the potential costs that arise out of the re- use of public information.
Amendment 119 #
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'). Public administrations should have open access to government public data by default. These open access policies shall be addressed to research performing organisations and research funding organisations.
Amendment 120 #
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 repository. In this context, data protection has to be ensured and legitimate commercial interests ands well as pre- existing intellectual property rights shall be taken into account. This provision shall be without prejudice to point (c) of Article 1(2).
Amendment 122 #
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 nor any preferential use of the data.
Amendment 126 #
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 131 #
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 significant socio-economic benefits, innovation, the number of users, especially SMEs and start-ups, and the revenues they may help generate, and their potential for being combined with other datasets.
Amendment 132 #
Proposal for a directive
Article 13 – paragraph 7 a (new)
Article 13 – paragraph 7 a (new)
7a. For the purpose of adopting the list of high value datasets, the Commission shall carry out a public consultation with all interested stakeholders including public sector bodies, public undertakings, data re-users, research organisations, civil society groups, and other representative organisations. All interested stakeholders may submit suggestions for specific datasets within the categories defined in Annex IIa.
Amendment 139 #
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
1. No sooner than fourThree 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 SWD (2017)350
Amendment 140 #
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
2. The evaluation shall in particular address the scope and socio-economic impact of this Directive, including the extent of the increase in re-use of public sector documents to which this Directive applies , especially by SMEs, the impact of the high value datasets, the effects of the principles applied to charging and the re- use of official texts of a legislative and administrative nature, the re-use of documents held by other entities than public sector bodies, the uptake of Application Programming Interfaces, the interaction between data protection rules and re-use possibilities, as well as further possibilities of improving the proper functioning of the internal market and the development of the European data economy .
Amendment 141 #
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 in 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 (lists of registered companies, ownership and management data, registration identifiers, balance sheets)