BETA


Events

2019/06/26
   Final act published in Official Journal
Details

PURPOSE: to facilitate the creation of Union-wide information products and services based on public sector documents.

LEGISLATIVE ACT: Directive (EU) 2019/1024 of the European Parliament and of the Council on open data and the re-use of public sector information.

CONTENT: public sector information represents an extraordinary source of data that can contribute to improving the internal market and to the development of new applications for consumers and legal entities. Intelligent data usage, including their processing through artificial intelligence applications, can have a transformative effect on all sectors of the economy.

Subject matter and scope

In order to promote the use of open data and stimulate innovation in products and services, this Directive establishes a set of minimum rules governing the re-use and the practical arrangements to facilitate the reuse of data held by the public sector.

The new Directive extends the scope of the rules on the re-use of public sector information (PSI) beyond public sector bodies, so as to also cover public companies in the transport and utilities sectors.

General principle

The Directive shall be based on the general principle that Member States shall ensure that the documents to which the Directive applies are reusable for commercial or non-commercial purposes. It promotes the use of open data (data presented in open formats that can be freely used and shared for any purpose).

Processing of requests for re-use

Public sector bodies and public enterprises shall process requests for re-use and make their documents available in any pre-existing format or language and, where possible and appropriate, in electronic form, in formats that are open, machine-readable, accessible, traceable and reusable, together with their metadata.

Member States shall encourage public sector bodies to produce and make available documents that fall within the scope of the Directive in accordance with the principle of 'open by design and by default'.

On a practical level, Member States shall adopt practical measures to facilitate the search for documents available for reuse, such as an asset list of key documents with relevant metadata.

Research data and dynamic data

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'), following the principle of “open by default” and compatible with the FAIR principles.

In that context, concerns relating to intellectual property rights, personal data protection and confidentiality, security and legitimate commercial interests, shall be taken into account in accordance with the principle of “as open as possible, as closed as necessary”

The new rules shall also encourage the dissemination of dynamic data such as weather or transport data transmitted in real time.

High value data

The Directive introduces the concept of high-value data sets to be made available free of charge via application programming interfaces (APIs). It provides, in Annex I, a list of six main categories of high-value data sets: (i) geospatial, (ii) earth observation and environment, (iii) meteorological, (iv) statistics, (v) companies and company ownership, and (vi) mobility.

The Commission may adopt delegated acts to amend this list by adding new thematic categories of high value data sets to reflect technological and market developments.

Charging

The re-use of documents shall be free of charge.

However, the recovery of the marginal costs incurred for the reproduction, provision and dissemination of documents as well as for anonymisation of personal data and measures taken to protect commercially confidential information may be allowed.

No sooner than 17 July 2025, the Commission shall carry out an evaluation of this Directive, and submit a report on the main findings of that evaluation to the European Parliament and to the Council as well as to the European Economic and Social Committee.

ENTRY INTO FORCE: 16.7.2019.

TRANSPOSITION: no later than 17.7.2021.

2019/06/20
   CSL - Draft final act
Documents
2019/06/20
   CSL - Final act signed
2019/06/20
   EP - End of procedure in Parliament
2019/06/12
   EC - Commission response to text adopted in plenary
Documents
2019/06/06
   EP/CSL - Act adopted by Council after Parliament's 1st reading
2019/04/04
   EP - Results of vote in Parliament
2019/04/04
   EP - Decision by Parliament, 1st reading
Details

The European Parliament adopted by 560 votes to 34, with 25 abstentions, a legislative resolution on the proposal for a directive of the European Parliament and of the Council on the re-use of public sector information (recast).

The European Parliament’s position adopted at first reading under the ordinary legislative procedure amended the Commission proposal as follows:

Subject matter

In order to promote the use of open data and stimulate innovation in products and services, this Directive establishes a set of minimum rules governing the re-use and the practical arrangements for facilitating re-use of: (i) existing documents held by public sector bodies of the Member States; (ii) existing documents held by public undertakings; (iii) research data.

The Directive shall be based on the general principle that Member States shall ensure that the documents to which the Directive applies are reusable for commercial or non-commercial purposes.

This Directive does not apply to documents:

- related to activities directly exposed to competition and therefore, pursuant to Article 34 of Directive 2014/25/EU , not subject to procurement rules;

- on the protection of national security (that is to say, State security), defence, or public security;

- access to which is excluded or restricted on the grounds of sensitive critical infrastructure protection related information;

- which contain personal data the re-use of which has been defined by law as being incompatible with the law concerning the protection of individuals with regard to the processing of personal data or as undermining the protection of privacy and the integrity of the individual, in particular in accordance with Union or national law regarding the protection of personal data.

Processing of requests for re-use

Member States shall establish practical arrangements to facilitate effective re-use of documents. Those arrangements may in particular include the means to supply adequate information on the rights provided for in this Directive and to offer relevant assistance and guidance.

Open data

Since the amended Directive also promotes the use of open data (data presented in open formats that can be freely used and shared for any purpose), the notion of open data has been added to its title to reflect this fact.

Public sector bodies and public undertakings shall make their documents available in any pre-existing format or language and, where possible and appropriate, by electronic means, in formats that are open, machine-readable, accessible, findable and re-usable, together with their metadata.

Member States shall encourage public sector bodies and public undertakings to produce and make available documents falling within the scope of this Directive in accordance with the principle of "open by design and by default".

Research data

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'), following the principle of “open by default” and compatible with the FAIR principles.

In that context, concerns relating to intellectual property rights, personal data protection and confidentiality, security and legitimate commercial interests, shall be taken into account in accordance with the principle of “as open as possible, as closed as necessary”

High value datasets

The amended text introduces the notion of high-value datasets to be made available free of charge through application programming interfaces (APIs). It provides, in Annex I, a list of six main categories of high-value datasets: (i) geospatial, (ii) earth observation and environment, (iii) meteorological, (iv) statistics, (v) companies and company ownership, and (vi) mobility.

The Commission may adopt delegated acts to amend Annex I by adding new thematic categories of high value datasets to reflect technological and market developments.

It shall also adopt implementing acts establishing a list of specific high-value datasets falling within the categories set out in Annex I and held by public sector bodies and public undertakings among the documents to which the Directive applies. Those implementing acts may specify the arrangements for the publication and re-use of high-value datasets. Such arrangements shall be compatible with open standard licences.

In order to identify such high-value datasets, the Commission shall carry out appropriate consultations, including at expert level, carry out an impact assessment and ensure complementarity with existing legal acts with regard to the re-use of documents.

Charging

The re -use of documents shall be free of charge. However, the recovery of the marginal costs incurred for the reproduction, provision and dissemination of documents as well as for anonymisation of personal data and measures taken to protect commercially confidential information may be allowed.

Documents
2019/02/19
   EP - Approval in committee of the text agreed at 1st reading interinstitutional negotiations
2019/02/06
   CSL - Coreper letter confirming interinstitutional agreement
2018/12/12
   EP - Committee decision to enter into interinstitutional negotiations confirmed by plenary (Rule 71)
2018/12/10
   EP - Committee decision to enter into interinstitutional negotiations announced in plenary (Rule 71)
2018/12/07
   EP - Committee report tabled for plenary, 1st reading
Details

The Committee on Industry, Research and Energy adopted the report by Neoklis SYLIKIOTIS (GUE/NGL, CY) on the proposal for a directive of the European Parliament and of the Council on the re-use of public sector information (recast).

The Committee on Internal Market and Consumer Protection, exercising its prerogative as an associated committee in accordance with Rule 54 of the Rules of Procedure, also gave its opinion on the report.

The committee recommended that the European Parliament's position adopted at first reading under the ordinary legislative procedure should amend the Commission's proposal.

Subject matter : the proposed Directive aims at establishing a regulatory framework governing the re-use of public sector information in order to promote the use of open data and stimulate innovation in products and services.

Scope : the Directive shall not apply to documents related to the provision of services in the general interest; to the re-use by direct competitors of public undertakings of documents produced in the scope of the activities directly exposed to competition and exempted from procurement rules under Directive 2014/25/EU, for as long as they fulfil the conditions therein.

Due to the critical nature of their activities and to security and notification requirements, neither shall the Directive apply to documents access to which is excluded or restricted on the grounds of the protection of the security of network and information systems or according to rules governing operators of critical infrastructures including operators of essential services.

General principle : Member States shall ensure that documents to which this Directive applies shall be re-usable for commercial or non-commercial purposes.

For documents in which libraries, including university libraries, museums and archives hold intellectual property rights and for documents held by public undertakings, Member States shall ensure that, where the re-use of such documents is allowed by the public undertaking or private undertaking which produced them, these documents shall be re-usable for commercial or non-commercial purposes.

Member States shall ensure the creation of data based on the principle of ‘ open by design and by default ’, with regard to all documents falling in the scope of this Directive, while ensuring a consistent level of protection of public interest objectives, such as public security, including where sensitive information related to critical infrastructures are concerned.

Requests for re-use : public sector bodies, public undertakings and private undertakings shall, through electronic means where possible and appropriate, process requests for re-use and shall make the document available for re-use to the applicant or, if a licence is needed, finalise the licence offer to the applicant within a reasonable time that is consistent with the time-frames laid down for the processing of requests for access to documents.

The decision whether or not to authorise re-use of any or all documents under this Directive shall remain with the public undertaking or private undertaking concerned.

Member States shall ensure that:

support is granted in seeking access to documents; lists of public sector bodies, public undertakings and private undertakings are publicly accessible; practical arrangements are defined for ensuring that the re-use of public-sector information can be exercised effectively; public sector bodies public undertakings and private undertakings inform the public adequately of the rights they enjoy on the basis of this Directive and as a result of existing access to information rules, laid down at national or at Union level, and to an appropriate extent provide information, guidance and advice to this end.

Protection of personal data and anonymous information : all obligations arising from this Directive shall be fulfilled guaranteeing the protection of privacy and personal data in respect with the Union data protection legislation, including in cross-border data reuse, by ensuring the anonymisation of the personal data.

Members considered that the term ‘ anonymous information’ should be defined. It shall mean any information that cannot be related, directly or indirectly, alone or in combination with associated data, to a natural person or personal data rendered anonymous in such a manner that a data subject is no longer identifiable.

Practical arrangements : the Commission and the Member States shall further simplify the access to datasets , in particular by providing a single point of access and progressively make available suitable datasets from public sector bodies with regard to all documents to which this Directive applies as well as to data from Union institutions.

Preservation of public sector information : Member States shall ensure the implementation of meaningful preservation policies for public sector information in any format which offers the best possible guarantees of long-term access.

Documents
2018/12/03
   EP - Vote in committee, 1st reading
2018/12/03
   EP - Committee decision to open interinstitutional negotiations with report adopted in committee
2018/11/28
   EP - Committee opinion
Documents
2018/11/27
   EP - Committee opinion
Documents
2018/10/19
   EP - Committee opinion
Documents
2018/10/12
   EP - Amendments tabled in committee
Documents
2018/10/12
   EP - Amendments tabled in committee
Documents
2018/09/13
   EP - Referral to associated committees announced in Parliament
2018/09/12
   EP - Committee draft report
Documents
2018/07/18
   EP - Opinion on the recast technique
Documents
2018/07/18
   PT_PARLIAMENT - Contribution
Documents
2018/07/18
   EP - GERINGER DE OEDENBERG Lidia Joanna (S&D) appointed as rapporteur in JURI
2018/07/09
   EP - CORRAO Ignazio (EFDD) appointed as rapporteur in LIBE
2018/06/01
   EP - ZAGORAKIS Theodoros (PPE) appointed as rapporteur in CULT
2018/05/28
   EP - Committee referral announced in Parliament, 1st reading
2018/05/16
   EP - REDA Julia (Verts/ALE) appointed as rapporteur in IMCO
2018/04/26
   EC - Document attached to the procedure
2018/04/26
   EC - Document attached to the procedure
2018/04/26
   EC - Document attached to the procedure
2018/04/26
   EC - Document attached to the procedure
2018/04/25
   EC - Legislative proposal published
Details

PURPOSE: to facilitate the re-use of of public sector information from Member States.

PROPOSED ACT: Directive of the European Parliament and of the Council.

ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.

BACKGROUND: public sector information (PSI) , e.g. meteorological data, digital maps, statistics and legal information is a valuable resource for the digital economy. Therefore, the EU has been promoting the re-use of public sector information for several years.

Directive 2003/98/EC of the European Parliament and the Council on the re-use of public sector information (‘PSI Directive’) aims to facilitate the re-use of PSI throughout the Union by harmonising the basic conditions for reuse and removing major barriers to re-use in the internal market. In July 2013 Directive 2003/98/EC was amended by Directive 2013/37/EU, with the aim to encourage Member States to make as much material held by public sector bodies available for re-use as possible.

The review was carried out by the Commission concluded that the Directive continues to contribute to the achievement of its main policy objectives, but there are a number of issues that need to be addressed in order to fully exploit the potential of public sector information for the European economy and society. They include:

provision of real-time access to dynamic data via adequate technical means; increasing the supply of high-value public data for re-use; preventing the emergence of new forms of exclusive arrangements; limiting the use of exceptions to the principle of charging the marginal cost.

The overall objective is to contribute to the strengthening of the EU’s data-economy by increasing the amount of public sector data available for re-use, ensuring fair competition and easy access to markets based on public sector information, and enhancing cross-border innovation based on data.

IMPACT ASSESSMENT: on the basis of the elements presented in the impact assessment, a mixed package of lower intensity regulatory intervention combined with an update of existing soft law was chosen as the preferred option.

CONTENT: the proposal for recasting Directive 2003/98/EC aims to:

facilitate the creation of Union-wide information products and services based on public sector documents; ensure the effective cross-border use of public sector documents on the one hand by private companies, particularly by small and medium-sized enterprises, for added-value information products and services, and on the other hand by citizens to facilitate the free circulation of information and communication.

Scope of the Directive and the general principle : with the recast, the scope of application of the Directive shall be extended to:

documents held by public undertakings active in the areas defined in the Directive 2014/25/EU on procurement by entities operating in the water, energy, transport and postal services sectors and by public undertakings acting as public service operators insofar as they are were produced as part of the provision of services in the general interest; certain research data , a specific category of documents produced as part of scientific research, namely results of the scientific fact-finding process (experiments, surveys and similar) that are at the basis of the scientific process.

The general principle that documents falling within the scope of the Directive are re-usable for commercial and non-commercial purposes under the conditions set forth in this Directive (Article 3) is unchanged for documents within the scope of the Directive before the recast.

For documents to which the scope of application is extended by the recast, the general principle applies only insofar as the public undertakings in question have made the documents available for re-use.

Terms and conditions for making re-use data available : the proposal takes into account the growing importance of dynamic ("real-time") data and includes the requirement on public sector bodies to make such data available through an Application Programming Interface (API). For a limited number of fundamental high-value datasets (to be adopted through a Delegated Act) there will be a hard obligation to do so.

Principles governing charging : the re-use of documents shall be free of charge or limited to the marginal costs incurred for their reproduction, provision and dissemination, and, where applicable, anonymisation of personal data and measures taken to protect commercially confidential information. The re-use of high value datasets shall be free of charge for the user. These datasets shall be available for free, machine-readable and accessible via APIs.

Derogations are provided for: (i) 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; (ii) libraries, including university libraries, museums and archives; (iii) private partners.

Research data : the proposal specifies that Member States shall support the availability of research data by adopting national policies and relevant actions aiming at making all publicly funded research data openly available ('open access policies'). It also provides that data already available in "open access" research data repositories shall be re-usable for commercial and non-commercial purposes according to the provisions of the Directive.

Exclusive arrangements : the proposal specifies that the prohibition of exclusive arrangements shall also extend to such arrangements that do not expressly grant an exclusive right in the re-use of documents, but may lead to a situation where access is limited to one or very few re-users.

Documents

  • Final act published in Official Journal: Directive 2019/1024
  • Final act published in Official Journal: OJ L 172 26.06.2019, p. 0056
  • Draft final act: 00028/2019/LEX
  • Commission response to text adopted in plenary: SP(2019)443
  • Results of vote in Parliament: Results of vote in Parliament
  • Decision by Parliament, 1st reading: T8-0352/2019
  • Approval in committee of the text agreed at 1st reading interinstitutional negotiations: PE634.786
  • Approval in committee of the text agreed at 1st reading interinstitutional negotiations: GEDA/A/(2019)001128
  • Coreper letter confirming interinstitutional agreement: GEDA/A/(2019)001128
  • Committee report tabled for plenary, 1st reading: A8-0438/2018
  • Committee opinion: PE627.951
  • Committee opinion: PE625.322
  • Committee opinion: PE623.902
  • Amendments tabled in committee: PE628.645
  • Amendments tabled in committee: PE628.688
  • Committee draft report: PE623.664
  • Opinion on the recast technique: PE625.526
  • Contribution: COM(2018)0234
  • Document attached to the procedure: EUR-Lex
  • Document attached to the procedure: SWD(2018)0127
  • Document attached to the procedure: EUR-Lex
  • Document attached to the procedure: SWD(2018)0128
  • Document attached to the procedure: EUR-Lex
  • Document attached to the procedure: SWD(2018)0129
  • Document attached to the procedure: EUR-Lex
  • Document attached to the procedure: SWD(2018)0145
  • Legislative proposal published: COM(2018)0234
  • Legislative proposal published: EUR-Lex
  • Document attached to the procedure: EUR-Lex SWD(2018)0127
  • Document attached to the procedure: EUR-Lex SWD(2018)0128
  • Document attached to the procedure: EUR-Lex SWD(2018)0129
  • Document attached to the procedure: EUR-Lex SWD(2018)0145
  • Opinion on the recast technique: PE625.526
  • Committee draft report: PE623.664
  • Amendments tabled in committee: PE628.645
  • Amendments tabled in committee: PE628.688
  • Committee opinion: PE623.902
  • Committee opinion: PE625.322
  • Committee opinion: PE627.951
  • Coreper letter confirming interinstitutional agreement: GEDA/A/(2019)001128
  • Commission response to text adopted in plenary: SP(2019)443
  • Draft final act: 00028/2019/LEX
  • Contribution: COM(2018)0234

Votes

A8-0438/2018 - Neoklis Sylikiotis - Am 2 #

2019/04/04 Outcome: +: 560, -: 34, 0: 25
FR DE IT ES PL RO GB BE PT BG SE HU AT CZ NL FI IE SK LT DK HR EL SI LV LU MT EE CY
Total
63
84
57
45
38
27
52
21
20
17
17
17
16
17
24
11
10
10
10
11
8
12
7
7
6
6
3
2
icon: PPE PPE
176

United Kingdom PPE

2

Finland PPE

2

Slovakia PPE

3

Lithuania PPE

3

Greece PPE

For (1)

1

Luxembourg PPE

3
icon: S&D S&D
156

Czechia S&D

3

Netherlands S&D

3

Ireland S&D

For (1)

1

Croatia S&D

For (1)

1

Slovenia S&D

For (1)

1

Latvia S&D

1

Luxembourg S&D

For (1)

1

Malta S&D

3
icon: ALDE ALDE
63

Germany ALDE

Against (1)

3

Romania ALDE

3

United Kingdom ALDE

1

Portugal ALDE

1

Austria ALDE

For (1)

1

Ireland ALDE

For (1)

1

Denmark ALDE

2

Croatia ALDE

2

Slovenia ALDE

For (1)

1

Luxembourg ALDE

For (1)

1

Estonia ALDE

2
icon: ECR ECR
60

Italy ECR

2

Romania ECR

2

Bulgaria ECR

2

Sweden ECR

2

Czechia ECR

2

Netherlands ECR

2

Finland ECR

1

Latvia ECR

For (1)

1
icon: Verts/ALE Verts/ALE
47
4

Italy Verts/ALE

For (1)

1

Belgium Verts/ALE

2

Sweden Verts/ALE

3

Hungary Verts/ALE

For (1)

1

Austria Verts/ALE

3

Netherlands Verts/ALE

2

Finland Verts/ALE

For (1)

1

Lithuania Verts/ALE

For (1)

1

Denmark Verts/ALE

For (1)

1

Croatia Verts/ALE

For (1)

1

Slovenia Verts/ALE

For (1)

1

Latvia Verts/ALE

1

Luxembourg Verts/ALE

For (1)

1

Estonia Verts/ALE

For (1)

1
icon: GUE/NGL GUE/NGL
44

Italy GUE/NGL

2

United Kingdom GUE/NGL

1

Sweden GUE/NGL

For (1)

1

Czechia GUE/NGL

2

Netherlands GUE/NGL

For (1)

3

Finland GUE/NGL

For (1)

1

Denmark GUE/NGL

Against (1)

1

Cyprus GUE/NGL

2
icon: ENF ENF
29

Poland ENF

Against (1)

1

United Kingdom ENF

2

Belgium ENF

For (1)

1

Netherlands ENF

3
icon: NI NI
14

France NI

For (1)

1

Germany NI

Against (1)

2

Italy NI

Abstain (1)

1

Poland NI

Against (1)

1

United Kingdom NI

Against (2)

2

Hungary NI

For (1)

1

Denmark NI

1
icon: EFDD EFDD
29

Germany EFDD

Against (1)

1

Poland EFDD

1

Czechia EFDD

Against (1)

1

Lithuania EFDD

For (1)

1
AmendmentsDossier
490 2018/0111(COD)
2018/07/16 IMCO 110 amendments...
source: 625.475
2018/10/12 ITRE 266 amendments...
source: PE-628.645
2018/10/17 CULT 114 amendments...
source: 629.474

History

(these mark the time of scraping, not the official date of the change)

committees/0/rapporteur
  • name: SYLIKIOTIS Neoklis date: 2018-06-19T00:00:00 group: European United Left - Nordic Green Left abbr: GUE/NGL
docs/4/docs/0/url
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Committee referral announced in Parliament, 1st reading/single reading
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Committee referral announced in Parliament, 1st reading
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Vote in committee, 1st reading/single reading
New
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date
2018-12-10T00:00:00
type
Committee decision to enter into interinstitutional negotiations announced in plenary (Rule 71)
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EP
events/7
date
2018-12-12T00:00:00
type
Committee decision to enter into interinstitutional negotiations confirmed by plenary (Rule 71)
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EP
events/8
date
2019-04-04T00:00:00
type
Decision by Parliament, 1st reading/single reading
body
EP
docs
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summary
events/10
date
2019-04-04T00:00:00
type
Decision by Parliament, 1st reading
body
EP
docs
url: https://www.europarl.europa.eu/doceo/document/TA-8-2019-0352_EN.html title: T8-0352/2019
summary
procedure/Modified legal basis
Rules of Procedure EP 159
procedure/Notes
  • 12/12/2018 Decision to enter into interinstitutional negotiations confirmed by plenary (Rule 69c)
procedure/Other legal basis
Rules of Procedure EP 159
docs/12/body
EC
events/5/docs/0/url
Old
http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2018-0438&language=EN
New
http://www.europarl.europa.eu/doceo/document/A-8-2018-0438_EN.html
events/8/docs/0/url
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http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2019-0352
New
http://www.europarl.europa.eu/doceo/document/TA-8-2019-0352_EN.html
committees/0
type
Responsible Committee
body
EP
associated
True
committee_full
Industry, Research and Energy
committee
ITRE
rapporteur
name: SYLIKIOTIS Neoklis date: 2018-06-19T00:00:00 group: European United Left - Nordic Green Left abbr: GUE/NGL
shadows
committees/0
type
Responsible Committee
body
EP
associated
True
committee_full
Industry, Research and Energy
committee
ITRE
date
2018-06-19T00:00:00
rapporteur
name: SYLIKIOTIS Neoklis group: European United Left - Nordic Green Left abbr: GUE/NGL
shadows
committees/1
type
Committee Opinion
body
EP
associated
True
committee_full
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2019-06-12T00:00:00
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events/12/summary
  • PURPOSE: to facilitate the creation of Union-wide information products and services based on public sector documents.
  • LEGISLATIVE ACT: Directive (EU) 2019/1024 of the European Parliament and of the Council on open data and the re-use of public sector information.
  • CONTENT: public sector information represents an extraordinary source of data that can contribute to improving the internal market and to the development of new applications for consumers and legal entities. Intelligent data usage, including their processing through artificial intelligence applications, can have a transformative effect on all sectors of the economy.
  • Subject matter and scope
  • In order to promote the use of open data and stimulate innovation in products and services, this Directive establishes a set of minimum rules governing the re-use and the practical arrangements to facilitate the reuse of data held by the public sector.
  • The new Directive extends the scope of the rules on the re-use of public sector information (PSI) beyond public sector bodies, so as to also cover public companies in the transport and utilities sectors.
  • General principle
  • The Directive shall be based on the general principle that Member States shall ensure that the documents to which the Directive applies are reusable for commercial or non-commercial purposes. It promotes the use of open data (data presented in open formats that can be freely used and shared for any purpose).
  • Processing of requests for re-use
  • Public sector bodies and public enterprises shall process requests for re-use and make their documents available in any pre-existing format or language and, where possible and appropriate, in electronic form, in formats that are open, machine-readable, accessible, traceable and reusable, together with their metadata.
  • Member States shall encourage public sector bodies to produce and make available documents that fall within the scope of the Directive in accordance with the principle of 'open by design and by default'.
  • On a practical level, Member States shall adopt practical measures to facilitate the search for documents available for reuse, such as an asset list of key documents with relevant metadata.
  • Research data and dynamic data
  • 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'), following the principle of “open by default” and compatible with the FAIR principles.
  • In that context, concerns relating to intellectual property rights, personal data protection and confidentiality, security and legitimate commercial interests, shall be taken into account in accordance with the principle of “as open as possible, as closed as necessary”
  • The new rules shall also encourage the dissemination of dynamic data such as weather or transport data transmitted in real time.
  • High value data
  • The Directive introduces the concept of high-value data sets to be made available free of charge via application programming interfaces (APIs). It provides, in Annex I, a list of six main categories of high-value data sets: (i) geospatial, (ii) earth observation and environment, (iii) meteorological, (iv) statistics, (v) companies and company ownership, and (vi) mobility.
  • The Commission may adopt delegated acts to amend this list by adding new thematic categories of high value data sets to reflect technological and market developments.
  • Charging
  • The re-use of documents shall be free of charge.
  • However, the recovery of the marginal costs incurred for the reproduction, provision and dissemination of documents as well as for anonymisation of personal data and measures taken to protect commercially confidential information may be allowed.
  • No sooner than 17 July 2025, the Commission shall carry out an evaluation of this Directive, and submit a report on the main findings of that evaluation to the European Parliament and to the Council as well as to the European Economic and Social Committee.
  • ENTRY INTO FORCE: 16.7.2019.
  • TRANSPOSITION: no later than 17.7.2021.
activities
  • date: 2018-04-25T00:00:00 docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2018/0234/COM_COM(2018)0234_EN.pdf title: COM(2018)0234 type: Legislative proposal published celexid: CELEX:52018PC0234:EN body: EC commission: DG: url: http://ec.europa.eu/digital-single-market/dg-connect title: Communications Networks, Content and Technology Commissioner: GABRIEL Mariya type: Legislative proposal published
  • date: 2018-05-28T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP responsible: False committee: CULT date: 2018-06-01T00:00:00 committee_full: Culture and Education rapporteur: group: EPP name: ZAGORAKIS Theodoros body: EP responsible: False committee: IMCO date: 2018-05-16T00:00:00 committee_full: Internal Market and Consumer Protection (Associated committee) rapporteur: group: Verts/ALE name: REDA Julia body: EP shadows: group: EPP name: BONI Michał group: S&D name: POPA Răzvan group: ECR name: BAREKOV Nikolay group: ALDE name: PETERSEN Morten Helveg group: Verts/ALE name: REDA Julia group: EFD name: TAMBURRANO Dario responsible: True committee: ITRE date: 2018-06-19T00:00:00 committee_full: Industry, Research and Energy (Associated committee) rapporteur: group: GUE/NGL name: SYLIKIOTIS Neoklis body: EP responsible: None committee_full: Legal Affairs committee: JURI body: EP responsible: False committee: LIBE date: 2018-07-09T00:00:00 committee_full: Civil Liberties, Justice and Home Affairs rapporteur: group: EFD name: CORRAO Ignazio
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  • body: EC dg: Communications Networks, Content and Technology commissioner: GABRIEL Mariya
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docs
  • date: 2018-04-26T00:00:00 docs: url: https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=SWD:2018:0127:FIN:EN:PDF title: EUR-Lex title: SWD(2018)0127 type: Document attached to the procedure body: EC
  • date: 2018-04-26T00:00:00 docs: url: https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=SWD:2018:0128:FIN:EN:PDF title: EUR-Lex title: SWD(2018)0128 type: Document attached to the procedure body: EC
  • date: 2018-04-26T00:00:00 docs: url: https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=SWD:2018:0129:FIN:EN:PDF title: EUR-Lex title: SWD(2018)0129 type: Document attached to the procedure body: EC
  • date: 2018-04-26T00:00:00 docs: url: https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=SWD:2018:0145:FIN:EN:PDF title: EUR-Lex title: SWD(2018)0145 type: Document attached to the procedure body: EC
  • date: 2018-07-18T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE625.526 title: PE625.526 type: Opinion on the recast technique body: EP
  • date: 2018-09-12T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE623.664 title: PE623.664 type: Committee draft report body: EP
  • date: 2018-10-12T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE628.645 title: PE628.645 type: Amendments tabled in committee body: EP
  • date: 2018-10-12T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE628.688 title: PE628.688 type: Amendments tabled in committee body: EP
  • date: 2018-10-19T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE623.902&secondRef=02 title: PE623.902 committee: IMCO type: Committee opinion body: EP
  • date: 2018-11-27T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE625.322&secondRef=02 title: PE625.322 committee: CULT type: Committee opinion body: EP
  • date: 2018-11-28T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE627.951&secondRef=02 title: PE627.951 committee: LIBE type: Committee opinion body: EP
  • date: 2019-02-06T00:00:00 docs: url: http://www.europarl.europa.eu/RegData/commissions/itre/lcag/2019/02-06/ITRE_LA(2019)001128_EN.pdf title: GEDA/A/(2019)001128 type: Coreper letter confirming interinstitutional agreement body: CSL
  • date: 2019-06-20T00:00:00 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=[%n4]%2F19&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC title: 00028/2019/LEX type: Draft final act body: CSL
  • date: 2018-07-18T00:00:00 docs: url: http://www.connefof.europarl.europa.eu/connefof/app/exp/COM(2018)0234 title: COM(2018)0234 type: Contribution body: PT_PARLIAMENT
events
  • date: 2018-04-25T00:00:00 type: Legislative proposal published body: EC docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2018/0234/COM_COM(2018)0234_EN.pdf title: COM(2018)0234 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2018&nu_doc=0234 title: EUR-Lex summary: PURPOSE: to facilitate the re-use of of public sector information from Member States. PROPOSED ACT: Directive of the European Parliament and of the Council. ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council. BACKGROUND: public sector information (PSI) , e.g. meteorological data, digital maps, statistics and legal information is a valuable resource for the digital economy. Therefore, the EU has been promoting the re-use of public sector information for several years. Directive 2003/98/EC of the European Parliament and the Council on the re-use of public sector information (‘PSI Directive’) aims to facilitate the re-use of PSI throughout the Union by harmonising the basic conditions for reuse and removing major barriers to re-use in the internal market. In July 2013 Directive 2003/98/EC was amended by Directive 2013/37/EU, with the aim to encourage Member States to make as much material held by public sector bodies available for re-use as possible. The review was carried out by the Commission concluded that the Directive continues to contribute to the achievement of its main policy objectives, but there are a number of issues that need to be addressed in order to fully exploit the potential of public sector information for the European economy and society. They include: provision of real-time access to dynamic data via adequate technical means; increasing the supply of high-value public data for re-use; preventing the emergence of new forms of exclusive arrangements; limiting the use of exceptions to the principle of charging the marginal cost. The overall objective is to contribute to the strengthening of the EU’s data-economy by increasing the amount of public sector data available for re-use, ensuring fair competition and easy access to markets based on public sector information, and enhancing cross-border innovation based on data. IMPACT ASSESSMENT: on the basis of the elements presented in the impact assessment, a mixed package of lower intensity regulatory intervention combined with an update of existing soft law was chosen as the preferred option. CONTENT: the proposal for recasting Directive 2003/98/EC aims to: facilitate the creation of Union-wide information products and services based on public sector documents; ensure the effective cross-border use of public sector documents on the one hand by private companies, particularly by small and medium-sized enterprises, for added-value information products and services, and on the other hand by citizens to facilitate the free circulation of information and communication. Scope of the Directive and the general principle : with the recast, the scope of application of the Directive shall be extended to: documents held by public undertakings active in the areas defined in the Directive 2014/25/EU on procurement by entities operating in the water, energy, transport and postal services sectors and by public undertakings acting as public service operators insofar as they are were produced as part of the provision of services in the general interest; certain research data , a specific category of documents produced as part of scientific research, namely results of the scientific fact-finding process (experiments, surveys and similar) that are at the basis of the scientific process. The general principle that documents falling within the scope of the Directive are re-usable for commercial and non-commercial purposes under the conditions set forth in this Directive (Article 3) is unchanged for documents within the scope of the Directive before the recast. For documents to which the scope of application is extended by the recast, the general principle applies only insofar as the public undertakings in question have made the documents available for re-use. Terms and conditions for making re-use data available : the proposal takes into account the growing importance of dynamic ("real-time") data and includes the requirement on public sector bodies to make such data available through an Application Programming Interface (API). For a limited number of fundamental high-value datasets (to be adopted through a Delegated Act) there will be a hard obligation to do so. Principles governing charging : the re-use of documents shall be free of charge or limited to the marginal costs incurred for their reproduction, provision and dissemination, and, where applicable, anonymisation of personal data and measures taken to protect commercially confidential information. The re-use of high value datasets shall be free of charge for the user. These datasets shall be available for free, machine-readable and accessible via APIs. Derogations are provided for: (i) 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; (ii) libraries, including university libraries, museums and archives; (iii) private partners. Research data : the proposal specifies that Member States shall support the availability of research data by adopting national policies and relevant actions aiming at making all publicly funded research data openly available ('open access policies'). It also provides that data already available in "open access" research data repositories shall be re-usable for commercial and non-commercial purposes according to the provisions of the Directive. Exclusive arrangements : the proposal specifies that the prohibition of exclusive arrangements shall also extend to such arrangements that do not expressly grant an exclusive right in the re-use of documents, but may lead to a situation where access is limited to one or very few re-users.
  • date: 2018-05-28T00:00:00 type: Committee referral announced in Parliament, 1st reading/single reading body: EP
  • date: 2018-09-13T00:00:00 type: Referral to associated committees announced in Parliament body: EP
  • date: 2018-12-03T00:00:00 type: Vote in committee, 1st reading/single reading body: EP
  • date: 2018-12-03T00:00:00 type: Committee decision to open interinstitutional negotiations with report adopted in committee body: EP
  • date: 2018-12-07T00:00:00 type: Committee report tabled for plenary, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2018-0438&language=EN title: A8-0438/2018 summary: The Committee on Industry, Research and Energy adopted the report by Neoklis SYLIKIOTIS (GUE/NGL, CY) on the proposal for a directive of the European Parliament and of the Council on the re-use of public sector information (recast). The Committee on Internal Market and Consumer Protection, exercising its prerogative as an associated committee in accordance with Rule 54 of the Rules of Procedure, also gave its opinion on the report. The committee recommended that the European Parliament's position adopted at first reading under the ordinary legislative procedure should amend the Commission's proposal. Subject matter : the proposed Directive aims at establishing a regulatory framework governing the re-use of public sector information in order to promote the use of open data and stimulate innovation in products and services. Scope : the Directive shall not apply to documents related to the provision of services in the general interest; to the re-use by direct competitors of public undertakings of documents produced in the scope of the activities directly exposed to competition and exempted from procurement rules under Directive 2014/25/EU, for as long as they fulfil the conditions therein. Due to the critical nature of their activities and to security and notification requirements, neither shall the Directive apply to documents access to which is excluded or restricted on the grounds of the protection of the security of network and information systems or according to rules governing operators of critical infrastructures including operators of essential services. General principle : Member States shall ensure that documents to which this Directive applies shall be re-usable for commercial or non-commercial purposes. For documents in which libraries, including university libraries, museums and archives hold intellectual property rights and for documents held by public undertakings, Member States shall ensure that, where the re-use of such documents is allowed by the public undertaking or private undertaking which produced them, these documents shall be re-usable for commercial or non-commercial purposes. Member States shall ensure the creation of data based on the principle of ‘ open by design and by default ’, with regard to all documents falling in the scope of this Directive, while ensuring a consistent level of protection of public interest objectives, such as public security, including where sensitive information related to critical infrastructures are concerned. Requests for re-use : public sector bodies, public undertakings and private undertakings shall, through electronic means where possible and appropriate, process requests for re-use and shall make the document available for re-use to the applicant or, if a licence is needed, finalise the licence offer to the applicant within a reasonable time that is consistent with the time-frames laid down for the processing of requests for access to documents. The decision whether or not to authorise re-use of any or all documents under this Directive shall remain with the public undertaking or private undertaking concerned. Member States shall ensure that: support is granted in seeking access to documents; lists of public sector bodies, public undertakings and private undertakings are publicly accessible; practical arrangements are defined for ensuring that the re-use of public-sector information can be exercised effectively; public sector bodies public undertakings and private undertakings inform the public adequately of the rights they enjoy on the basis of this Directive and as a result of existing access to information rules, laid down at national or at Union level, and to an appropriate extent provide information, guidance and advice to this end. Protection of personal data and anonymous information : all obligations arising from this Directive shall be fulfilled guaranteeing the protection of privacy and personal data in respect with the Union data protection legislation, including in cross-border data reuse, by ensuring the anonymisation of the personal data. Members considered that the term ‘ anonymous information’ should be defined. It shall mean any information that cannot be related, directly or indirectly, alone or in combination with associated data, to a natural person or personal data rendered anonymous in such a manner that a data subject is no longer identifiable. Practical arrangements : the Commission and the Member States shall further simplify the access to datasets , in particular by providing a single point of access and progressively make available suitable datasets from public sector bodies with regard to all documents to which this Directive applies as well as to data from Union institutions. Preservation of public sector information : Member States shall ensure the implementation of meaningful preservation policies for public sector information in any format which offers the best possible guarantees of long-term access.
  • date: 2019-02-19T00:00:00 type: Approval in committee of the text agreed at 1st reading interinstitutional negotiations body: EP docs: url: http://www.europarl.europa.eu/RegData/commissions/itre/inag/2019/02-06/ITRE_AG(2019)634786_EN.pdf title: PE634.786 url: http://www.europarl.europa.eu/RegData/commissions/itre/lcag/2019/02-06/ITRE_LA(2019)001128_EN.pdf title: GEDA/A/(2019)001128
  • date: 2019-04-04T00:00:00 type: Decision by Parliament, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2019-0352 title: T8-0352/2019 summary: The European Parliament adopted by 560 votes to 34, with 25 abstentions, a legislative resolution on the proposal for a directive of the European Parliament and of the Council on the re-use of public sector information (recast). The European Parliament’s position adopted at first reading under the ordinary legislative procedure amended the Commission proposal as follows: Subject matter In order to promote the use of open data and stimulate innovation in products and services, this Directive establishes a set of minimum rules governing the re-use and the practical arrangements for facilitating re-use of: (i) existing documents held by public sector bodies of the Member States; (ii) existing documents held by public undertakings; (iii) research data. The Directive shall be based on the general principle that Member States shall ensure that the documents to which the Directive applies are reusable for commercial or non-commercial purposes. This Directive does not apply to documents: - related to activities directly exposed to competition and therefore, pursuant to Article 34 of Directive 2014/25/EU , not subject to procurement rules; - on the protection of national security (that is to say, State security), defence, or public security; - access to which is excluded or restricted on the grounds of sensitive critical infrastructure protection related information; - which contain personal data the re-use of which has been defined by law as being incompatible with the law concerning the protection of individuals with regard to the processing of personal data or as undermining the protection of privacy and the integrity of the individual, in particular in accordance with Union or national law regarding the protection of personal data. Processing of requests for re-use Member States shall establish practical arrangements to facilitate effective re-use of documents. Those arrangements may in particular include the means to supply adequate information on the rights provided for in this Directive and to offer relevant assistance and guidance. Open data Since the amended Directive also promotes the use of open data (data presented in open formats that can be freely used and shared for any purpose), the notion of open data has been added to its title to reflect this fact. Public sector bodies and public undertakings shall make their documents available in any pre-existing format or language and, where possible and appropriate, by electronic means, in formats that are open, machine-readable, accessible, findable and re-usable, together with their metadata. Member States shall encourage public sector bodies and public undertakings to produce and make available documents falling within the scope of this Directive in accordance with the principle of "open by design and by default". Research data 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'), following the principle of “open by default” and compatible with the FAIR principles. In that context, concerns relating to intellectual property rights, personal data protection and confidentiality, security and legitimate commercial interests, shall be taken into account in accordance with the principle of “as open as possible, as closed as necessary” High value datasets The amended text introduces the notion of high-value datasets to be made available free of charge through application programming interfaces (APIs). It provides, in Annex I, a list of six main categories of high-value datasets: (i) geospatial, (ii) earth observation and environment, (iii) meteorological, (iv) statistics, (v) companies and company ownership, and (vi) mobility. The Commission may adopt delegated acts to amend Annex I by adding new thematic categories of high value datasets to reflect technological and market developments. It shall also adopt implementing acts establishing a list of specific high-value datasets falling within the categories set out in Annex I and held by public sector bodies and public undertakings among the documents to which the Directive applies. Those implementing acts may specify the arrangements for the publication and re-use of high-value datasets. Such arrangements shall be compatible with open standard licences. In order to identify such high-value datasets, the Commission shall carry out appropriate consultations, including at expert level, carry out an impact assessment and ensure complementarity with existing legal acts with regard to the re-use of documents. Charging The re -use of documents shall be free of charge. However, the recovery of the marginal costs incurred for the reproduction, provision and dissemination of documents as well as for anonymisation of personal data and measures taken to protect commercially confidential information may be allowed.
  • date: 2019-06-06T00:00:00 type: Act adopted by Council after Parliament's 1st reading body: EP/CSL
  • date: 2019-06-20T00:00:00 type: Final act signed body: CSL
  • date: 2019-06-20T00:00:00 type: End of procedure in Parliament body: EP
  • date: 2019-06-26T00:00:00 type: Final act published in Official Journal docs: title: Directive 2019/1024 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32019L1024 title: OJ L 172 26.06.2019, p. 0056 url: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2019:172:TOC
links/Research document
title
Briefing
url
http://www.europarl.europa.eu/thinktank/en/document.html?reference=EPRS_BRI(2018)628312
other
  • body: EC dg: url: http://ec.europa.eu/digital-single-market/dg-connect title: Communications Networks, Content and Technology commissioner: GABRIEL Mariya
otherinst
  • name: European Economic and Social Committee
  • name: European Committee of the Regions
procedure/Mandatory consultation of other institutions
European Economic and Social Committee European Committee of the Regions
procedure/Modified legal basis
Rules of Procedure EP 159
procedure/Notes
  • 12/12/2018 Decision to enter into interinstitutional negotiations confirmed by plenary (Rule 69c)
procedure/dossier_of_the_committee
Old
ITRE/8/13026
New
  • ITRE/8/13026
procedure/final
title
Directive 2019/1024
url
https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32019L1024
procedure/instrument
Old
Directive
New
  • Directive
  • Repealing Directive 2003/98/EC 2002/0123(COD)
procedure/other_consulted_institutions
European Economic and Social Committee European Committee of the Regions
procedure/stage_reached
Old
Awaiting committee decision
New
Procedure completed
procedure/subject
Old
  • 1.20.05 Public access to information and documents, administrative practice
  • 2.40 Free movement of services, freedom to provide
  • 3.30.06 Information and communication technologies, digital technologies
  • 3.30.25 International information networks and society, internet
New
1.20.05
Public access to information and documents, administrative practice
2.40
Free movement of services, freedom to provide
3.30.06
Information and communication technologies, digital technologies
3.30.25
International information networks and society, internet
procedure/summary
  • Repealing Directive 2003/98/EC
activities/0/docs/0/text
  • PURPOSE: to facilitate the re-use of of public sector information from Member States.

    PROPOSED ACT: Directive of the European Parliament and of the Council.

    ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.

    BACKGROUND: public sector information (PSI), e.g. meteorological data, digital maps, statistics and legal information is a valuable resource for the digital economy. Therefore, the EU has been promoting the re-use of public sector information for several years.

    Directive 2003/98/EC of the European Parliament and the Council on the re-use of public sector information (‘PSI Directive’) aims to facilitate the re-use of PSI throughout the Union by harmonising the basic conditions for reuse and removing major barriers to re-use in the internal market. In July 2013 Directive 2003/98/EC was amended by Directive 2013/37/EU, with the aim to encourage Member States to make as much material held by public sector bodies available for re-use as possible.

    The review was carried out by the Commission concluded that the Directive continues to contribute to the achievement of its main policy objectives, but there are a number of issues that need to be addressed in order to fully exploit the potential of public sector information for the European economy and society. They include:

    • provision of real-time access to dynamic data via adequate technical means;
    • increasing the supply of high-value public data for re-use;
    • preventing the emergence of new forms of exclusive arrangements;
    • limiting the use of exceptions to the principle of charging the marginal cost.

    The overall objective is to contribute to the strengthening of the EU’s data-economy by increasing the amount of public sector data available for re-use, ensuring fair competition and easy access to markets based on public sector information, and enhancing cross-border innovation based on data.

    IMPACT ASSESSMENT: on the basis of the elements presented in the impact assessment, a mixed package of lower intensity regulatory intervention combined with an update of existing soft law was chosen as the preferred option.

    CONTENT: the proposal for recasting Directive 2003/98/EC aims to:

    • facilitate the creation of Union-wide information products and services based on public sector documents;
    • ensure the effective cross-border use of public sector documents on the one hand by private companies, particularly by small and medium-sized enterprises, for added-value information products and services, and on the other hand by citizens to facilitate the free circulation of information and communication.

    Scope of the Directive and the general principle: with the recast, the scope of application of the Directive shall be extended to:

    • documents held by public undertakings active in the areas defined in the Directive 2014/25/EU on procurement by entities operating in the water, energy, transport and postal services sectors and by public undertakings acting as public service operators insofar as they are were produced as part of the provision of services in the general interest;
    • certain research data, a specific category of documents produced as part of scientific research, namely results of the scientific fact-finding process (experiments, surveys and similar) that are at the basis of the scientific process.

    The general principle that documents falling within the scope of the Directive are re-usable for commercial and non-commercial purposes under the conditions set forth in this Directive (Article 3) is unchanged for documents within the scope of the Directive before the recast.

    For documents to which the scope of application is extended by the recast, the general principle applies only insofar as the public undertakings in question have made the documents available for re-use.

    Terms and conditions for making re-use data available: the proposal takes into account the growing importance of dynamic ("real-time") data and includes the requirement on public sector bodies to make such data available through an Application Programming Interface (API). For a limited number of fundamental high-value datasets (to be adopted through a Delegated Act) there will be a hard obligation to do so.

    Principles governing charging:  the re-use of documents shall be free of charge or limited to the marginal costs incurred for their reproduction, provision and dissemination, and, where applicable, anonymisation of personal data and measures taken to protect commercially confidential information. The re-use of high value datasets shall be free of charge for the user. These datasets shall be available for free, machine-readable and accessible via APIs.

    Derogations are provided for: (i) 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; (ii) libraries, including university libraries, museums and archives; (iii) private partners.

    Research data: the proposal specifies that Member States shall support the availability of research data by adopting national policies and relevant actions aiming at making all publicly funded research data openly available ('open access policies'). It also provides that data already available in "open access" research data repositories shall be re-usable for commercial and non-commercial purposes according to the provisions of the Directive.

    Exclusive arrangements: the proposal specifies that the prohibition of exclusive arrangements shall also extend to such arrangements that do not expressly grant an exclusive right in the re-use of documents, but may lead to a situation where access is limited to one or very few re-users.

activities/1
date
2018-05-28T00:00:00
body
EP
type
Committee referral announced in Parliament, 1st reading/single reading
committees
committees/0/date
2018-06-01T00:00:00
committees/0/rapporteur
  • group: EPP name: ZAGORAKIS Theodoros
committees/1/committee_full
Old
Internal Market and Consumer Protection
New
Internal Market and Consumer Protection (Associated committee)
committees/1/date
2018-05-16T00:00:00
committees/1/rapporteur
  • group: Verts/ALE name: REDA Julia
committees/2/committee_full
Old
Industry, Research and Energy
New
Industry, Research and Energy (Associated committee)
committees/2/date
2018-06-19T00:00:00
committees/2/rapporteur
  • group: GUE/NGL name: SYLIKIOTIS Neoklis
committees/2/shadows
  • group: EPP name: BONI Michał
  • group: S&D name: POPA Răzvan
  • group: ECR name: BAREKOV Nikolay
  • group: ALDE name: PETERSEN Morten Helveg
  • group: Verts/ALE name: REDA Julia
  • group: EFD name: TAMBURRANO Dario
committees/4/date
2018-07-09T00:00:00
committees/4/rapporteur
  • group: EFD name: CORRAO Ignazio
procedure/dossier_of_the_committee
ITRE/8/13026
procedure/stage_reached
Old
Preparatory phase in Parliament
New
Awaiting committee decision
procedure/Mandatory consultation of other institutions
European Economic and Social Committee European Committee of the Regions
activities
  • date: 2018-04-25T00:00:00 docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2018/0234/COM_COM(2018)0234_EN.pdf title: COM(2018)0234 type: Legislative proposal published celexid: CELEX:52018PC0234:EN body: EC type: Legislative proposal published commission: DG: url: http://ec.europa.eu/digital-single-market/dg-connect title: Communications Networks, Content and Technology Commissioner: GABRIEL Mariya
committees
  • body: EP responsible: False committee_full: Culture and Education committee: CULT
  • body: EP responsible: False committee_full: Internal Market and Consumer Protection committee: IMCO
  • body: EP responsible: True committee_full: Industry, Research and Energy committee: ITRE
  • body: EP responsible: None committee_full: Legal Affairs committee: JURI
  • body: EP responsible: False committee_full: Civil Liberties, Justice and Home Affairs committee: LIBE
links
other
  • body: EC dg: url: http://ec.europa.eu/digital-single-market/dg-connect title: Communications Networks, Content and Technology commissioner: GABRIEL Mariya
procedure
reference
2018/0111(COD)
subtype
Recast
legal_basis
Treaty on the Functioning of the EU TFEU 114
stage_reached
Preparatory phase in Parliament
summary
Repealing Directive 2003/98/EC
instrument
Directive
title
Re-use of public sector information. Recast
type
COD - Ordinary legislative procedure (ex-codecision procedure)
subject