7 Amendments of Silvia-Adriana ȚICĂU related to 2011/0430(COD)
Amendment 25 #
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) Documents in the public domain held by libraries (including university libraries), museums and archives will be presumed to be reusable.
Amendment 38 #
Proposal for a directive
Recital 12
Recital 12
(12) Where charges are made for the re-use of documents, they should in principle be limited to the marginal costs incurred for their reproduction and formatting, ensuring of their interoperability and dissemination, unless exceptionally justified according to objective, transparent and verifiable criteria. The necessity of not hindering the normal running of public sector bodies covering a substantial part of the operating cost relating to the performance of their public task from the exploitation of their intellectual property rights should notably be taken into consideration. The burden of proving that charges are cost-oriented and comply with relevant limits should lie with the public sector body charging for the re- use of documents.
Amendment 63 #
Proposal for a directive
Article 1 – point 2 a (new)
Article 1 – point 2 a (new)
2a. In Article 2 the following paragraph is added: 6a. "generally accessible documents" means documents that are accessible under the national rules on access to documents. This includes, where applicable, documents held by private organisations carrying out a public task.
Amendment 76 #
Proposal for a directive
Article 1 – point 5
Article 1 – point 5
Directive 2003/98/EC
Article 5 – paragraph 1
Article 5 – paragraph 1
(1) InArticle 5, paragraph 1, the words ‘through electronic means’ are replaced by ‘ is replaced by the following: Public sector bodies shall make their documents available in any pre existing format or language and where possible and appropriate, in machine-readable format based on open standards together with their metadata. Documents created after entry into force of this Directive shall in principle be made available in machine- readable format and together with their metadata.’. This shall not imply an obligation where the adaptation of existing documents, including the provision of extracts, would involve disproportionate effort, according to transparent, objective and verifiable criteria.
Amendment 77 #
Proposal for a directive
Article 1 – point 6 – point 1
Article 1 – point 6 – point 1
Directive 2003/98/EC
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Documents will be made available at zero cost wherever possible. Where charges are made for the re-use of documents, the total amount charged by public sector bodies shall be limited to the marginal costs incurred for their reproduction and dissemination.
Amendment 102 #
Proposal for a directive
Article 1 – point 9
Article 1 – point 9
Directive 2003/98/EC
Article 9
Article 9
Member States shall ensure that practical arrangements facilitating the cross- lingual search for documents available for re-use are in place, such as asset lists of main documents with relevant metadata, accessible preferably online and in machine-readable format, and portal sites that are linked to decentralised asset lists. This shall not imply an obligation for public sector bodies to create or adapt documents in order to comply with the request, nor shall it imply an obligation to provide extracts from documents where this would involve disproportionate effort, going beyond a simple operation.
Amendment 128 #
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
(1) Member States shall adopt and publish, by 182 months at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.