19 Amendments of Andreas SCHWAB related to 2018/0111(COD)
Amendment 46 #
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 subjectwithout prejudice 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. Neither does it establish access rights or obligations to publish information. This decision remains at the discretion of the Member States. 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 49 #
Proposal for a directive
Recital 22 a (new)
Recital 22 a (new)
(22a) Documents held by public undertakings should be excluded if 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, in the absence of such rules, in accordance with standard administrative practice; this should apply equally to the documents of public undertakings which are in direct economic competition with private companies in order to promote the basic objective of fair competition.
Amendment 56 #
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, in a technology neutral manner, 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.
Amendment 58 #
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. Marginal costs are the extra costs for the digitisation, storage and management of documents, as well as the costs for digital mass storage, the additional effort to render data machine readable and the extra burden for infrastructure measures. 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, tThe 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 67 #
Proposal for a directive
Recital 58
Recital 58
Amendment 72 #
Proposal for a directive
Recital 59
Recital 59
(59) An EU-wideThe Member States should establish a list of datasets with a particular potential to generate socio- economic benefits together with harmonised re-use conditions. This list constitutes an important enabler of cross-border data applications and services. The list should 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 240/01. The list should 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 240/01.
Amendment 78 #
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 80 #
Proposal for a directive
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) existingpublicly accessible 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 shipowners fulfilling public service obligations pursuant to Article 4 of Council Regulation (EEC) No 3577/9245. _________________ 42 Directive 2014/25/EU of the European 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 2007 on 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 81 #
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 1 (new)
Article 1 – paragraph 1 – subparagraph 1 (new)
This Directive leaves intact and in no way affects the level of 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 83 #
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, in the absence of such rules, in accordance with standard administrative practice;
Amendment 84 #
Proposal for a directive
Article 1 – paragraph 2 – point b a (new)
Article 1 – paragraph 2 – point b a (new)
(ba) Documents held by public undertakings with an industrial or commercial nature within the meaning of Article 34 of Directive 2014/25/EU
Amendment 85 #
Proposal for a directive
Article 1 – paragraph 2 – point d a (new)
Article 1 – paragraph 2 – point d a (new)
(da) critical infrastructure within the meaning of Article 2(a) of Directive 2008/114/EC
Amendment 90 #
Proposal for a directive
Article 2 – paragraph 1 – point 14 a (new)
Article 2 – paragraph 1 – point 14 a (new)
14a. ‘personal data’ means data as defined in Article 4(1) of Regulation (EU) 2016/679 (General Data Protection Regulation).
Amendment 111 #
Proposal for a directive
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
(2a) By way of exception, documents for which the public sector body concerned is required to generate sufficient revenue to cover a substantial part of the costs relating to their collection, production, reproduction and dissemination. Those requirements shall be defined by law or by other binding rules in the Member State. In the absence of such rules, the requirements shall be defined in accordance with common administrative practice in the Member State;
Amendment 114 #
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 13by the Member States, and of research data referred to in point (c) of Article 1(1) shall be free of charge or at a reduced cost for the user.
Amendment 118 #
Proposal for a directive
Article 8 – paragraph 2 – subparagraph 1 (new)
Article 8 – paragraph 2 – subparagraph 1 (new)
In the case of public undertakings, where the re-use of documents is permitted under Article 3(2), and takes place without any corresponding conditions, where appropriate through a license, the public undertakings shall be excluded from all liability as regards the documents made available for re-use insofar as such an exclusion of liability does not run counter to any binding Member State rules.
Amendment 121 #
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 where possible not grant exclusive rights. Any existing exemptions from procurement legislation under Article 11 of Directive 2014/24/EU and innovation partnerships as defined in Article 31 of Directive 2014/24/EU shall be taken into account.
Amendment 124 #
Proposal for a directive
Article 13
Article 13
Amendment 133 #
Proposal for a directive
Article 14
Article 14