Next event: Final act published in Official Journal 2019/06/26 more...
- Draft final act 2019/06/20
- Final act signed 2019/06/20
- End of procedure in Parliament 2019/06/20
- Commission response to text adopted in plenary 2019/06/12
- Act adopted by Council after Parliament's 1st reading 2019/06/06
- Results of vote in Parliament 2019/04/04
- Decision by Parliament, 1st reading 2019/04/04
- Approval in committee of the text agreed at 1st reading interinstitutional negotiations 2019/02/18
- Coreper letter confirming interinstitutional agreement 2019/02/06
- Text agreed during interinstitutional negotiations 2019/02/06
- Committee decision to enter into interinstitutional negotiations confirmed by plenary (Rule 71) 2018/12/12
- Committee decision to enter into interinstitutional negotiations announced in plenary (Rule 71) 2018/12/10
- Committee report tabled for plenary, 1st reading 2018/12/07
- Vote in committee, 1st reading 2018/12/03
- Committee decision to open interinstitutional negotiations with report adopted in committee 2018/12/03
- Committee opinion 2018/11/28
- Committee opinion 2018/11/27
- Committee opinion 2018/10/19
- Amendments tabled in committee 2018/10/12
- Amendments tabled in committee 2018/10/12
- Referral to associated committees announced in Parliament 2018/09/13
- Committee draft report 2018/09/12
Progress: Procedure completed
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Lead | ITRE | BONI Michał ( PPE), POPA Răzvan ( S&D), BAREKOV Nikolay ( ECR), PETERSEN Morten ( ALDE), REDA Felix ( Verts/ALE), TAMBURRANO Dario ( EFDD) | |
Committee Opinion | CULT | ZAGORAKIS Theodoros ( PPE) | |
Committee Opinion | IMCO | REDA Felix ( Verts/ALE) | |
Committee Opinion | LIBE | CORRAO Ignazio ( EFDD) | |
Committee Recast Technique Opinion | JURI | GERINGER DE OEDENBERG Lidia Joanna ( S&D) |
Lead committee dossier:
Legal Basis:
TFEU 114
Legal Basis:
TFEU 114Subjects
Events
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.
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.
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.
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
- Text agreed during interinstitutional negotiations: PE634.786
- 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
- Text agreed during interinstitutional negotiations: PE634.786
- Commission response to text adopted in plenary: SP(2019)443
- Draft final act: 00028/2019/LEX
- Contribution: COM(2018)0234
Amendments | Dossier |
110 |
2018/0111(COD)
2018/07/16
IMCO
110 amendments...
Amendment 100 #
Proposal for a directive Article 4 – paragraph 3 a (new) 3a. The reasons for a refusal to make documents available, in full or in part, in the form or format requested shall be provided to the applicant within 20 working days.
Amendment 101 #
Proposal for a directive Article 4 – paragraph 3 b (new) 3b. Member States may also provide for a request for the access to or re-use of documents to be refused if: (a) the document requested is not held by or for the public sector body to which the request is addressed. In such a case, where that public sector body is aware that the document is held by or for another public sector body, it shall, as soon as possible, transfer the request to that other body and inform the applicant accordingly or inform the applicant of public sector body to which it believes it is possible to apply for the document requested; (b) the request is manifestly unreasonable; (c) the request is formulated in a too general manner; (d) the request concerns material in the course of completion or unfinished documents or data; (e) the request concerns internal communications, taking into account the public interest served by disclosure and General Data Protection Regulation46b; (f) the request is outside the scope of this Directive, in accordance with Article 1, paragraph 2. If a request for a document is formulated in a too general manner, the public sector body shall as soon as possible, and at the latest within 20 working days, ask the applicant to specify the request and shall assist the applicant in doing so, for example by providing information on the use of the public registers referred to in paragraph 4a. Where a request is refused on the basis that it concerns material in the course of completion, the public sector body shall state the name of the public sector body preparing the material and the estimated time needed for completion. Documents held by or for public sector bodies which has been requested by an applicant shall be made available in part where it is possible to separate out any document falling within the scope of points (d) to (f) from the rest of the documents requested. _________________ 46b Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).
Amendment 102 #
Proposal for a directive Article 4 – paragraph 3 c (new) 3c. The reasons for refusing a request for the access to or re-use of documents mentioned in paragraph 3b and Article 1(2) shall be interpreted in a restrictive way, taking into account for the particular case the public interest served by disclosure. In every particular case, the public interest served by disclosure shall be weighed against the interest served by the refusal.
Amendment 103 #
Proposal for a directive Article 4 – paragraph 3 d (new) 3d. Where a Member State provides for exceptions, it may draw up a publicly accessible list of criteria on the basis of which the body concerned may decide how to handle requests.
Amendment 104 #
Proposal for a directive Article 4 – paragraph 4 a (new) 4a. For the purposes of this Article, Member States shall ensure that: (a) officials are required to support the public in seeking access to documents; (b) lists of public sector bodies are publicly accessible; and (c) the practical arrangements are defined for ensuring that the right of access to documents and their re-use can be effectively exercised, such as: – the designation of information officers; – the establishment and maintenance of facilities for the examination of the documents required, – registers or lists of documents held by public sector bodies or information points, with clear indications of where such documents can be found. Member States shall ensure that public sector bodies inform the public adequately of the rights they enjoy as a result of this Directive and to an appropriate extent provide information, guidance and advice to this end.
Amendment 105 #
Proposal for a directive Article 5 – paragraph 1 – subparagraph 1 (new) For the purposes of this paragraph, public sector bodies shall make all reasonable efforts to maintain documents held by or for them in forms or formats that are readily reproducible and accessible by electronic means.
Amendment 106 #
Proposal for a directive Article 5 – paragraph 4 4. Public sector bodies and public undertakings shall make dynamic data available for re-use immediately after collection, in real-time and without delay wherever possible, via suitable Application Programming Interfaces (APIs).
Amendment 107 #
Proposal for a directive Article 5 – paragraph 5 5. Where making available documents immediately after collection in real-time and without delay would exceed the financial and technical capacities of the public sector body or the public undertaking, documents referred to in paragraph 4 shall be made available in a timeframe that does not unduly impair the exploitation of their economic potential. The exact delay timeframe and update frequency shall be notified to users of such documents.
Amendment 108 #
Proposal for a directive Article 5 – paragraph 5 a (new) 5a. By means of a delegated act, the Commission shall lay down criteria for interoperability of APIs among Member States to support machine-to-machine interaction.
Amendment 109 #
Proposal for a directive Article 6 – paragraph 1 (1) 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, in accordance with Regulation EU 2016/679, and measures taken to protect commercially confidential information .
Amendment 110 #
Proposal for a directive Article 6 – paragraph 1 1.
Amendment 111 #
Proposal for a directive 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 112 #
Proposal for a directive 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, reproduction and dissemination, and – where applicable – anonymisation of personal data, in accordance with Regulation EU 2016/679, 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 113 #
Proposal for a directive 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, preservation and rights clearance and – where applicable – anonymisation of personal data, in accordance with Regulation EU 2016/679, 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 114 #
Proposal for a directive Article 6 – paragraph 5 (5) The re-use of high value datasets, the list of which shall be defined
Amendment 115 #
Proposal for a directive Article 6 – paragraph 5 5. The re-use of high value datasets, the list of which shall be defined in accordance with Article 13 and Annex IIa, and of research data referred to in point (c) of Article 1(1) shall be free of charge for the user.
Amendment 116 #
Proposal for a directive Article 7 – paragraph 1 a (new) 1a. Public authorities should disclose the potential costs that arise out of the re- use of public information.
Amendment 117 #
Proposal for a directive Article 8 – paragraph 1 1. Re-use of documents
Amendment 118 #
Proposal for a directive 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 119 #
Proposal for a directive Article 10 – paragraph 1 1. Member States shall support the availability of research data by adopting national policies and relevant actions aiming at making publicly funded research data openly available ('open access policies'). Public administrations should have open access to government public data by default. These open access policies shall be addressed to research performing organisations and research funding organisations.
Amendment 120 #
Proposal for a directive Article 10 – paragraph 2 2. Research data shall be re-usable for commercial or non-commercial purposes under the conditions set out in Chapters III and IV, insofar as they are publicly funded and whenever access to such data is provided through an institutional or
Amendment 121 #
Proposal for a directive 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 122 #
Proposal for a directive 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 123 #
Proposal for a directive Article 12 a (new) Article 12a Fair competition between public authorities and re-users Insofar as public authorities make a commercial use in their own benefit of public sector information outside a public service contract, Member States shall ensure that a fair competition under the same conditions is guaranteed.
Amendment 124 #
Proposal for a directive Article 13 Amendment 125 #
Proposal for a directive Article 13 – paragraph 1 1. With a view to achieving the objectives of this Directive, the Commission shall adopt the list of high value datasets
Amendment 126 #
Proposal for a directive Article 13 – paragraph 1 1. With a view to achieving the objectives of this Directive,
Amendment 127 #
Proposal for a directive Article 13 – paragraph 1 a (new) 1a. Member States shall decide which types of information specified in the list of high value datasets are publicly available. However, once publicly available they shall respect conditions stipulated in this Directive.
Amendment 128 #
1a. The list pursuant to paragraph 1 shall include any and all spatial information which is subject of Directive 2007/2/EC.
Amendment 129 #
Proposal for a directive Article 13 – paragraph 2 2. These datasets shall be available for free, machine-readable and accessible via interoperable APIs. The conditions for re- use shall be compatible with open standard licences.
Amendment 130 #
Proposal for a directive Article 13 – paragraph 4 Amendment 131 #
Proposal for a directive Article 13 – paragraph 5 5. The selection of datasets for the list referred to in paragraph 1 shall be based on the assessment of their potential to generate significant socio-economic benefits, innovation, the number of users, especially SMEs and start-ups, and the revenues they may help generate, and their potential for being combined with other datasets.
Amendment 132 #
Proposal for a directive Article 13 – paragraph 7 a (new) 7a. For the purpose of adopting the list of high value datasets, the Commission shall carry out a public consultation with all interested stakeholders including public sector bodies, public undertakings, data re-users, research organisations, civil society groups, and other representative organisations. All interested stakeholders may submit suggestions for specific datasets within the categories defined in Annex IIa.
Amendment 133 #
Proposal for a directive Article 14 Amendment 134 #
Proposal for a directive Article 14 – paragraph 2 (2) The power to adopt
Amendment 135 #
Proposal for a directive Article 14 – paragraph 2 2. The power to adopt delegated acts referred to in Article 5 and Article 13 shall be conferred on the Commission for a period of
Amendment 136 #
3. The delegation of power referred to in Article 5 and Article 13 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Amendment 137 #
Proposal for a directive Article 14 – paragraph 6 6. A delegated acts adopted pursuant to Article 5 and Article 13 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
Amendment 138 #
Proposal for a directive Article 16 – paragraph 1 1. No sooner than
Amendment 139 #
Proposal for a directive Article 16 – paragraph 1 1.
Amendment 140 #
Proposal for a directive Article 16 – paragraph 2 2. The evaluation shall in particular address the scope and socio-economic impact of this Directive, including the extent of the increase in re-use of public sector documents to which this Directive applies
Amendment 141 #
Proposal for a directive Annex II a (new) List of categories for high value datasets 1. Geospatial Data - Examples of datasets - Postcodes, national and local maps (cadastral, topographic, marine, administrative boundaries) 2. Earth observation and environment - Examples of datasets - Space and in situ data (monitoring of weather, land and water quality, energy consumption, emission levels) 3. Statistics - National, regional and local statistical data with main demographic and economic indicators (GDP, age, unemployment, income, education) 4. Companies - Company and business registers (lists of registered companies, ownership and management data, registration identifiers, balance sheets)
Amendment 32 #
Proposal for a directive Recital 1 (1) Directive 2003/98/EC of the European Parliament and of the Council28 has been substantially amended28a. Since further amendments are to be made, that Directive should be recast in the interests of clarity. _________________ 28 Directive 2003/98/EC of the European Parliament and of the Council of 17 November 2003 on the re-use of public sector information (OJ L 345, 31.12.2003, p. 90). 28a See Annex I, Part A.
Amendment 33 #
Proposal for a directive Recital 4 (4) The substantive changes introduced to the legal text so as to fully exploit the potential of public sector information for the European economy and society focus on the following areas: the provision of real-time access to dynamic data via adequate technical means, increasing the supply of high-value public data for re-use, including from public undertakings,
Amendment 34 #
Proposal for a directive Recital 4 (4) The substantive changes introduced to the legal text so as to fully exploit the potential of public sector information for
Amendment 35 #
Proposal for a directive Recital 6 (6) The public sector in the Member States collects, produces, reproduces and disseminates a wide range of information in many areas of activity, such as social, economic, geographical, weather, tourist, business, patent and educational information. Documents produced by
Amendment 36 #
Proposal for a directive Recital 6 (6) The public sector at national, regional and local levels in the Member States collects, produces, reproduces and disseminates a wide range of information in many areas of activity, such as social, economic, geographical, weather, tourist, business, patent and educational information. Documents produced by public sector bodies of executive, legislative or judicial nature constitute a vast, diverse and valuable pool of resources that can benefit the knowledge economy.
Amendment 37 #
Proposal for a directive Recital 7 (7) Directive 2003/98/EC of the European Parliament and of the Council of 17 November 2003 on the re-use of public sector information established a minimum set of rules governing the re-use and the practical means of facilitating re-use of existing documents held by public sector bodies of the Member States , including executive, legislative and judicial bodies . Since the adoption of the first set of rules on re-use of public sector information , the amount of data in the world, including public data, has increased exponentially and new types of data are being generated and collected. In parallel, we are witnessing a continuous evolution in technologies for analysis, exploitation and processing of data such as Artificial Intelligence, machine learning and Internet of Things. This rapid technological evolution makes it possible to create new services and new applications, which are built upon the use, aggregation or combination of data. The rules originally adopted in 2003 and later amended in 2013 no longer keep pace with these rapid changes and as a result the economic and social opportunities offered by re-use of public data risk being missed.
Amendment 38 #
Proposal for a directive Recital 11 (11) Allowing the accessibility and re- use of documents held
Amendment 39 #
Proposal for a directive Recital 12 (12) There are considerable differences in the rules and practices in the Member States relating to the exploitation of public sector information resources, which constitute barriers to bringing out the full economic potential of this key document resource. Practice in public sector bodies in exploiting public sector information continues to vary among Member States . That should be taken into account. Minimum harmonisation of national rules and practices on the accessibility and re- use of public sector documents should therefore be undertaken, in cases where the differences in national regulations and practices or the absence of clarity hinder the smooth functioning of the internal market and the proper development of the information society in the Community.
Amendment 40 #
Proposal for a directive Recital 13 (13) Open data policies which encourage the wide availability and re-use of public sector information for private or commercial purposes, with minimal or no legal, technical or financial constraints, and which promote the circulation of information not only for economic operators but also for the public, can play an important role in kick-starting the development of new services based on novel ways to combine and make use of such information, stimulate economic growth and promote social engagement. Thus, public administrations should have open access to government public data by default. In this respect, the ISA2 programme is an opportunity to develop interoperability standards for big data management within public administrations and in their dealings with businesses and citizens.
Amendment 41 #
(13)
Amendment 42 #
Proposal for a directive Recital 14 (14) Moreover, without minimum harmonisation at Community level, legislative activities at national level, which have already been initiated in a number of Member States in order to respond to the technological challenges, might result in even more significant differences. The impact of such legislative differences and uncertainties will become more significant with the further development of the information society, which has already greatly increased cross-
Amendment 43 #
Proposal for a directive 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 accessibility and re-use of such
Amendment 44 #
Proposal for a directive Recital 19 (19)
Amendment 45 #
Proposal for a directive Recital 19 (19) The Directive lays down an obligation for Member States to make all documents re-usable unless access is restricted or excluded under national rules on access to documents and subject to the other exceptions laid down in this Directive, such as on the grounds of protection of personal data or national security. The Directive builds on the existing access regimes in the Member States and does not change the national rules for access to documents. It does not apply in cases in which citizens or companies can, under the relevant access regime, only obtain a document if they can prove a particular interest. This Directive does not set any minimum or maximum data retention obligation, applicable national rules will apply. At Union level, Articles 41 (right to good administration) and 42 of the Charter of Fundamental Rights of the European Union recognise the right of any citizen of the Union and any natural or legal person residing or having its registered office in a Member State to have access to European Parliament, Council and Commission documents. Public sector bodies should be encouraged to make available for re-use any documents held by them. Public sector bodies should promote and encourage re- use of documents, including official texts of a legislative and administrative nature in those cases where the public sector body has the right to authorise their re-use.
Amendment 46 #
Proposal for a directive Recital 19 (19) The Directive lays down an obligation for Member States to make all documents re-usable
Amendment 47 #
Proposal for a directive Recital 21 (21) Directive 2003/98/EC should therefore be amended in order to ensure that its provisions can be applied to the re- use of documents produced in the performance of services in the general interest by public undertakings pursuing one of the activities referred to in Articles 8 to 14 of Directive 2014/25/EU of the European Parliament and of the Council33 , as well as by public undertakings acting as public service operators pursuant to Article 2 of Regulation (EC) No 1370/2007 of the European Parliament and the Council on public passenger transport services by rail and by road, public undertakings acting as air carriers fulfilling public service obligations pursuant to Article 16 of Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community, and public undertakings acting as Community shipowners fulfilling public service obligations pursuant to Article 4 of Regulation (EEC) No 3577/92 of 7 December 1992 applying the principle of freedom to provide services to maritime transport within Member States (maritime cabotage)
Amendment 48 #
Proposal for a directive Recital 22 (22) This Directive
Amendment 49 #
Proposal for a directive 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 50 #
Proposal for a directive Recital 27 (27) Public sector bodies are increasingly making their documents available for re-use in a proactive manner, by ensuring online discoverability and actual availability of both metadata and the underlying content. Documents should also be made available for re-use following a
Amendment 51 #
Proposal for a directive Recital 27 (27) Public sector bodies are increasingly making their documents available for access and re-use in a proactive manner, by ensuring online discoverability and actual availability of both metadata and the underlying content. Documents should also be made available for re-use following a request lodged by a re-user. In those cases, the time limit for replying to requests for re-use should be reasonable and in accordance with the equivalent time for requests to access the document under the relevant access regimes. Public undertakings, educational establishments, research performing organisations and research funding organisations should however be exempt from this requirement. Reasonable time limits throughout the Union will stimulate the creation of new aggregated information products and services at pan-European level. This is particularly important for dynamic data (
Amendment 52 #
Proposal for a directive Recital 27 (27) Public sector bodies are increasingly making their documents available for re-use in a proactive manner, by ensuring online discoverability and actual availability of both metadata and the underlying content. Documents should also be made available for re-use following a request lodged by a re-user. In those cases, the time limit for replying to requests for re-use should be reasonable and in accordance with the equivalent time for requests to access the document under the relevant access regimes. Public undertakings, educational establishments, research performing organisations and research funding organisations
Amendment 53 #
Proposal for a directive Recital 28 (28) In order to get access to the data opened for re-use by this Directive, the use of suitable and well-designed interoperable 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
Amendment 54 #
Proposal for a directive Recital 28 (28) In order to get access to the data opened for re-use by this Directive, the use of suitable and well-designed 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 unused. The set-up and use of API needs to be based on several
Amendment 55 #
Proposal for a directive Recital 28 a (new) (28a) As Member States can have their own APIs, operating systems and frameworks, ensuring interoperability of APIs used according to the Directive is crucial. In order to ensure interoperability of APIs, especially in the categories of information falling under High value datasets, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of the adoption the minimum criteria and standards for APIs.
Amendment 56 #
Proposal for a directive 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-
Amendment 57 #
Proposal for a directive Recital 32 (32)
Amendment 58 #
Proposal for a directive 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.
Amendment 59 #
Proposal for a directive 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
Amendment 60 #
Proposal for a directive Recital 32 (32) Charges for the access and re-use of documents constitute an important market entry barrier for start-ups and SMEs. Documents should therefore be made accessible and available for re-use without charges and, where charges are necessary , they should in principle be limited to the marginal costs. 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
Amendment 61 #
Proposal for a directive Recital 32 a (new) (32a) The return on investment can be understood as a percentage, in addition to marginal costs, allowing for the recovery of the cost of capital and the inclusion of a real rate of return. As the cost of capital is closely linked to credit institutions' interest rates, themselves based on the ECB's fixed rate on main refinancing operations, the reasonable return on investment could not be expected to be more than 5 % above the ECB's fixed interest rate.
Amendment 62 #
Proposal for a directive Recital 36 (36) Ensuring that the conditions for access and re-
Amendment 63 #
Proposal for a directive Recital 37 (37) The means of redress should include the possibility of review by an impartial review body. That body could be an already existing national authority, such as the national competition authority, the national access to documents authority or a national judicial authority. That body should be organised in accordance with the constitutional and legal systems of Member States and should not prejudge any means of redress otherwise available to applicants for access and re-use. It should however be distinct from the Member State mechanism laying down the criteria for charging above marginal costs. The means of redress should include the possibility of review of negative decisions but also of decisions which, although permitting re-use, could still affect applicants on other grounds, notably by the charging rules applied. The review process should be swift, in accordance with the needs of a rapidly changing market.
Amendment 64 #
Proposal for a directive Recital 47 (47) This Directive is without prejudice and should be implemented and applied in full compliance with Union law relating to the protection of personal data including Regulation (EU) 2016/679 of the European Parliament and of the Council37 and Directive 2002/58/EC of the European Parliament and of the Council38. Anonymisation is a means to reconcile the interests in making public sector information as re-usable as possible with the obligations under
Amendment 65 #
Proposal for a directive Recital 48 a (new) (48a) The use of open data must ensure that the same data protection and privacy standards apply to a situation when public sector data is used for commercial purposes as when such data remains within the public sector.
Amendment 66 #
Proposal for a directive Recital 52 (52) Tools that help potential re-users to find documents available for access and re-use and the conditions for re-use can facilitate considerably the cross-border use of public sector documents. Member States should therefore ensure that practical arrangements are in place that help re-users in their search for documents available for re-use. Assets lists, accessible preferably online, of main documents (documents that are extensively re-used or that have the
Amendment 67 #
Proposal for a directive Recital 58 Amendment 68 #
Proposal for a directive Recital 58 (58) In order to set in place conditions supporting the re-use of documents which is associated with important socio- economic benefits in the interest of the whole European union having a particular high value for European economy and society, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of the adoption of a list of high- value datasets within the categories specified in the Directive among the documents to which this Directive applies, along with the modalities of their publication and re-use. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. Opinions of other professional stakeholders, such as experts from non-governmental organizations should be properly considered.
Amendment 69 #
Proposal for a directive Recital 58 (58) In order to set in place conditions supporting the re-use of documents which is associated with important socio- economic benefits having a particular high value for economy and society, the power to adopt acts in accordance with Article 29
Amendment 70 #
Proposal for a directive Recital 58 (58) In order to set in place conditions supporting the re-use of documents which is associated with important socio- economic benefits having a particular high value for economy and society,
Amendment 71 #
Proposal for a directive Recital 59 (59) An EU-wide list of datasets with a particular potential to generate socio- economic benefits together with harmonised re-use conditions constitutes an important enabler of cross-border data applications and services. In the process leading to the establishment of the list, according to the priority categories set out in Annex IIa, the Commission should carry out appropriate consultations, including a
Amendment 72 #
Proposal for a directive Recital 59 (59)
Amendment 73 #
Proposal for a directive Recital 59 (59) An EU-wide list of datasets within the categories specified in the Directive with a particular potential to generate European wide socio-
Amendment 74 #
Proposal for a directive Recital 60 (60)
Amendment 75 #
Proposal for a directive Recital 60 (60) In view of ensuring their maximum impact and to facilitate re-use, the high- value datasets should be made available for re-use with minimal legal restrictions and at no cost. High value datasets should be aggregated at Union level to simplify access and promote discoverability. They should also be published via Application Programming Interfaces, whenever the dataset in question contains dynamic data.
Amendment 76 #
Proposal for a directive Recital 60 a (new) (60a) The High Value Datasets identified within the categories listed in Annex IIa have the potential to generate civic or socio-economic benefits, and advance fundamental societal and democratic tasks. In order to further the goals of transparency, accountability, compliance, efficiency, fair competition, and the fight against fraud, it is necessary to include datasets from among categories such as national law, elections, government budget, government spending, procurement, and statistics. To encourage innovative services and products, to stimulate sustainable growth, and to contribute to high consumer protection standards, including by taking into account factors that have no immediate economic value, such as education, the environment, or healthcare, it is necessary to include datasets from among the categories of business registers, environmental and meteorological data, as well as land ownership, administrative divisions, locations, and mapping.
Amendment 77 #
Proposal for a directive Recital 63 (63)
Amendment 78 #
Proposal for a directive Article 1 – paragraph 1 – point a (a)
Amendment 79 #
Proposal for a directive Article 1 – paragraph 1 – point b (b) existing documents held by public undertakings active in the areas defined in Directive 2014/25/EU of the European Parliament and of the Council42 and by public undertakings acting as public service operators pursuant to Article 2 of Regulation (EC) No 1370/2007 of the European Parliament and of the Council43 , public undertakings acting as air carriers fulfilling public service obligations pursuant to Article 16 of Regulation (EC) No 1008/2008 of the European Parliament and of the Council44 , and public undertakings acting as Community ship- owners fulfilling public service obligations pursuant to Article 4 of Council Regulation (EEC) No 3577/9245 . This Directive shall not contain an obligation to allow the re- use of documents produced by public undertakings. The decision whether or not to authorise re-use shall remain with the public undertaking concerned, without prejudice to applicable sectoral rules. _________________ 42 Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (OJ L 94, 28.3.2014, p. 243). 43 Regulation (EC) No. 1370/2007 of the European Parliament and of the Council of 23 October 2007on public passenger transport services by rail and by road and repealing Council Regulations (EEC)Nos 1191/69 and 1107/70. 44 Regulation (EC) No 1008/2008 of the
Amendment 80 #
Proposal for a directive Article 1 – paragraph 1 – point b (b)
Amendment 81 #
Proposal for a directive 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 82 #
Proposal for a directive Article 1 – paragraph 1 a (new) 1a. This Directive shall guarantee the right to access and/or to re-use documents held by or for public sector bodies and sets out the basic terms and conditions of, and the practical arrangements for, its exercise.
Amendment 83 #
Proposal for a directive Article 1 – paragraph 2 – point b (b) documents held by public
Amendment 84 #
Proposal for a directive 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) (da) critical infrastructure within the meaning of Article 2(a) of Directive 2008/114/EC
Amendment 86 #
Proposal for a directive Article 1 – paragraph 4 a (new) (4a) 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 87 #
Proposal for a directive Article 1 – paragraph 5 5. The right for the maker of a database provided for in Article 7(1) of Directive 96/9/EC shall not be exercised
Amendment 88 #
Proposal for a directive Article 1 – paragraph 6 6. This Directive governs the re-use of existing documents held by public sector bodies of the Member States, including documents to which Directive 2007/2/EC of the European Parliament and of the Council46 a
Amendment 89 #
Proposal for a directive Article 1 – paragraph 6 6. This Directive governs the re-use of existing documents held by public sector bodies and public undertakings of the Member States, including documents to which Directive 2007/2/EC of the European Parliament and of the Council46 applies. _________________ 46 Directive 2007/2/EC of the European Parliament and of the Council of 14 March 2007 establishing an Infrastructure for Spatial Information in the European Community (INSPIRE) (OJ L 108, 25.4.2007, p. 1).
Amendment 90 #
Proposal for a directive 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 91 #
Proposal for a directive Article 3 – paragraph 1 1. Subject to paragraph 2 Member States shall ensure that documents to which this Directive applies in accordance with Article 1 shall be accessible and/or re- usable for commercial or non-commercial purposes in accordance with the conditions set out in Chapters III and IV.
Amendment 92 #
Proposal for a directive Article 3 – paragraph 2 2. 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 access and/or re-use of such documents is allowed, these documents shall be accessible and/or re- usable for commercial or non-commercial purposes in accordance with the conditions set out in Chapters III and IV.
Amendment 93 #
Proposal for a directive Article 3 a (new) Article 3a Quality of documents 1. Member States shall, so far as is within their power, ensure that any document that is compiled by them or on their behalf is up to date, accurate and comparable. 2. Upon request, public sector bodies shall reply to requests for the accessibility and/or the re-use of documents, reporting to the applicant on the place where information, if available, can be found on the measurement procedures, including methods of analysis, sampling, and pre- treatment of samples, used in compiling the information, or referring to a standardised procedure used.
Amendment 94 #
Proposal for a directive Chapter 2 – title ACCESS TO DOCUMENTS AND/OR REQUESTS FOR RE-USE
Amendment 95 #
Proposal for a directive Article 4 – title 4. Requirements applicable to requests for access to documents and/or the processing of requests for re-use
Amendment 96 #
Proposal for a directive Article 4 – paragraph -1 (new) -1. Member States shall ensure that public sector bodies are required, in accordance with the provisions of this Directive, to make available documents held by or for them to any applicant upon request and without having to state an interest.
Amendment 97 #
Proposal for a directive Article 4 – paragraph 1 1. Public sector bodies shall, through electronic means where possible and appropriate, process requests for access to documents and/or for their re-use and shall make the document available
Amendment 98 #
Proposal for a directive Article 4 – paragraph 2 2. Where no time limits or other rules regulating the timely provision of documents have been established, public sector bodies shall process the request and shall deliver the documents
Amendment 99 #
Proposal for a directive Article 4 – paragraph 3 3. In the event of a negative decision, the public sector bodies shall communicate the
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committees/1 |
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committees/2 |
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committees/2 |
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committees/3 |
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committees/3 |
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committees/4 |
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committees/4 |
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docs/12 |
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events/7 |
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events/11 |
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events/12 |
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events/12/summary |
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activities |
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commission |
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committees/0 |
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committees/0 |
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committees/1 |
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committees/1 |
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committees/2 |
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committees/2 |
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committees/3 |
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committees/3 |
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committees/4 |
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committees/4 |
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docs |
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events |
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links/Research document |
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other |
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otherinst |
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procedure/Mandatory consultation of other institutions |
European Economic and Social Committee European Committee of the Regions
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procedure/Modified legal basis |
Rules of Procedure EP 159
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procedure/Notes |
|
procedure/dossier_of_the_committee |
Old
ITRE/8/13026New
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procedure/final |
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procedure/instrument |
Old
DirectiveNew
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procedure/other_consulted_institutions |
European Economic and Social Committee European Committee of the Regions
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procedure/stage_reached |
Old
Awaiting committee decisionNew
Procedure completed |
procedure/subject |
Old
New
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procedure/summary |
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activities/0/docs/0/text |
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activities/1 |
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committees/0/date |
2018-06-01T00:00:00
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committees/0/rapporteur |
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committees/1/committee_full |
Old
Internal Market and Consumer ProtectionNew
Internal Market and Consumer Protection (Associated committee) |
committees/1/date |
2018-05-16T00:00:00
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committees/1/rapporteur |
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committees/2/committee_full |
Old
Industry, Research and EnergyNew
Industry, Research and Energy (Associated committee) |
committees/2/date |
2018-06-19T00:00:00
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committees/2/rapporteur |
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committees/2/shadows |
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committees/4/date |
2018-07-09T00:00:00
|
committees/4/rapporteur |
|
procedure/dossier_of_the_committee |
ITRE/8/13026
|
procedure/stage_reached |
Old
Preparatory phase in ParliamentNew
Awaiting committee decision |
procedure/Mandatory consultation of other institutions |
European Economic and Social Committee European Committee of the Regions
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activities |
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committees |
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links |
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other |
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procedure |
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