Activities of Răzvan POPA 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 (26)
Amendment 71 #
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, legal, 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. Providing this information in electronic format allows citizens and businesses to find new ways to use them and create new, innovative products and services.
Amendment 72 #
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6 a) Public sector information represent an extraordinary source of data that can contribute to improve the digital single market and develop new application for consumers and business. Intelligent data usage, including their processing though artificial intelligence application, can have a transformation effect on all sectors of the economy.
Amendment 73 #
Proposal for a directive
Recital 8
Recital 8
(8) The evolution towards a data-based from different domains and activities society influences the life of every citizen in the Community, among other things , by enabling them to gain new ways of accessing and acquiring knowledge.
Amendment 75 #
Proposal for a directive
Recital 10
Recital 10
(10) One of the principal aims of the establishment of an internal market is the creation of conditions conducive to the development of some services and products inside the Member States but also at cross-border level of Union-wide services. Public sector information is an important primary material for digital content products anda range of products and services offered to European citizens such as motor vehicle systems, weather forecasts, financial and insurance services, ands well as digital content that will become an even more important content resource with the development of wireless content services. Broad cross-border geographical coverage will also be essential in this context. Wide possibilities of re-using public sector information should inter alia allow European companies to exploit its potential and contribute to economicmpetitiveness growth and job creation.
Amendment 82 #
Proposal for a directive
Recital 16
Recital 16
(16) A general framework for the conditions governing re-use of public sector documents is needed in order to ensure fair, proportionate and non- discriminatory conditions for the re-use of such information, especially when it comes to cross-border re-use, linguistic differences can make the process difficult. Public sector bodies collect, produce, reproduce and disseminate documents to fulfil their public tasks. Use of such documents for other reasons constitutes a re-use. Member States' policies can go beyond the minimum standards established in this Directive, thus allowing for more extensive re-use.
Amendment 100 #
Proposal for a directive
Recital 22
Recital 22
(22) This Directive should not contain an absolute obligation to allow the re-use of documents produced by public undertakings. The decision whether or not to authorise re-use should remain 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-discrimation 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 110 #
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 contentthrough open formats that can be machine-readable and in a format that ensures interoperability, re-use and accessibility. 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, without any other constraints for the public undertakings.
Amendment 117 #
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-designedit is necessary to ensure access to dynamic data through 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 unusedwhose potential remains largely unused by the data owners. 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.
Amendment 127 #
Proposal for a directive
Recital 40
Recital 40
(40) If the competent authority decides to no longer make available certain documents for re-use, or to cease updating these documents, it should make these decisions publicly known, at the earliest opportunity, via electronic means whenever possible. and using an EU official language for informing the users in other states.
Amendment 138 #
Proposal for a directive
Recital 57
Recital 57
(57) One of the principal aims of the establishment of the internal market is the creation of conditions conducive to the development of Union-wide services, to which all citizens should have access. Libraries, museums and archives hold a significant amount of valuable public sector information resources, in particular since digitisation projects have multiplied the amount of digital public domain material. These cultural heritage collections and related metadata are a potential base for digital content products and services and have a huge potential for innovative re-use in sectors such as learning and tourism. Other types of cultural establishments (such as orchestras, operas, ballets and theatres), including the archives that are part of those establishments, should remain outside the scope because of their ‘performing arts’ specificity and the fact that almost all of their material is subject to third-party intellectual property rights and would therefore remain outside the scope of that Directive.
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 183 #
This Directive builds on and is without prejudice to access regimes in the Member States. This Directive is without prejudice to Regulation (EU) 2016/679 on General Data and does not affects the level of protection of individual with regard to the processing of personal data under the provisions of EU law.
Amendment 198 #
Proposal for a directive
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
6. 'dynamic data' means documents in an electronic form, subject to frequthat change oftent or real-time updateon a regular basis;
Amendment 226 #
Proposal for a directive
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. Public sector bodies and public undertakings shall maintain documents referred in paragraph 1 in forms or formats that are accessible by electronic means.
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 270 #
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 274 #
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. Those legal or practical arrangements shall be subject to regular review by public bodies or public undertakings, and shall, in any event, be reviewed every three years.
Amendment 278 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
Amendment 286 #
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
2. ThesHigh Value dData sets listed in Annex II shall be available for free, machine-readable and accessible 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 to supplement the list of high Value data sets together with the conditions and modalities of their publication and re-use.
Amendment 288 #
Proposal for a directive
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
2a. For the purposes of paragraph 2, the Commission shall carry out a public consultation with stakeholders and all interested parties and shall take into account potential effects on competition where public undertakings operate in competitive markets.
Amendment 296 #
Proposal for a directive
Article 13 – paragraph 4 – point b a (new)
Article 13 – paragraph 4 – point b a (new)
ba. The Commission may adapt the conditions for re-use of data when these could represent a competitive disadvantage in the provision of the service by the public undertaking.
Amendment 299 #
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 socio-economic benefits, innovative services, the number of users especially SMEs, and the revenues they may help generate, and their potential for being combined with other datasets.
Amendment 316 #
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
2. The evaluation shall in particular address the scope and impact of this Directive, including the extent of the increase in re-use of public sector documents to which this Directive applies , 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 extension of the access request provisions of this Directive to public undertakings 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 322 #
Proposal for a directive
Annex II a (new)
Annex II a (new)