### in order to achieve eu air quality objectives and to ensure a continuous effort to reduce vehicle emissions , the power to adopt delegated 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 detailed rules on the application of regulation no 715 / 2007 to vehicles of categories m1 , m2 , n1 and n2 with a reference mass exceeding 2 610 kg but with a maximum vehicle mass not exceeding 5 000 kg , the specific procedures , tests and requirements for type approval , the requirements for the implementation of the prohibition on the use of defeat devices that reduce the effectiveness of emission control systems , the measures necessary for the implementation of the obligation of a manufacturer to provide unrestricted and standardised access to vehicle repair and maintenance information , the replacement of the information on the mass of co2 emissions in the certificate of conformity with information on total mass of co2 emissions equivalents , the increase or removal of the limit value of total hydrocarbons emissions for positive ignition vehicles , the amendment of regulation no 715 / 2007 for the purposes of recalibrating the particulate mass based limit values and introducing particle number based limit values that would correlate broadly with the petrol and diesel mass limit values , the adoption of a revised measurement procedure for particulates and a particle number limit value , a limit value for emissions of no2 and limits for tailpipe emissions at cold temperatures for vehicles approved as complying with the euro 6 emission limits . the commission , when preparing and drawing up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and to the council . ### in order to achieve eu air quality objectives and to ensure a continuous effort to reduce vehicle emissions , the power to adopt delegated 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 detailed rules on the application of regulation no 715 / 2007 to vehicles of categories m1 , m2 , n1 and n2 with a reference mass exceeding 2 610 kg but with a maximum vehicle mass not exceeding 7 500 kg , the specific procedures , tests and requirements for type approval , the requirements for the implementation of the prohibition on the use of defeat devices that reduce the effectiveness of emission control systems , the measures necessary for the implementation of the obligation of a manufacturer to provide unrestricted and standardised access to vehicle repair and maintenance information , the replacement of the information on the mass of co2 emissions in the certificate of conformity with information on total mass of co2 emissions equivalents , the increase or removal of the limit value of total hydrocarbons emissions for positive ignition vehicles , the amendment of regulation no 715 / 2007 for the purposes of recalibrating the particulate mass based limit values and introducing particle number based limit values that would correlate broadly with the petrol and diesel mass limit values , the adoption of a revised measurement procedure for particulates and a particle number limit value , a limit value for emissions of no2 and limits for tailpipe emissions at cold temperatures for vehicles approved as complying with the euro 6 emission limits . the commission , when preparing and drawing up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and to the council .


### in order to achieve eu air quality objectives and to ensure a continuous effort to reduce vehicle emissions , the power to adopt delegated 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 detailed rules on the application of regulation no 715 / 2007 to vehicles of categories m1 , m2 , n1 and n2 with a reference mass exceeding 2 610 kg but with a maximum vehicle mass not exceeding 5 000 kg , the specific procedures , tests and requirements for type approval , the requirements for the implementation of the prohibition on the use of defeat devices that reduce the effectiveness of emission control systems , the measures necessary for the implementation of the obligation of a manufacturer to provide unrestricted and standardised access to vehicle repair and maintenance information , the replacement of the information on the mass of co2 emissions in the certificate of conformity with information on total mass of co2 emissions equivalents , the increase or removal of the limit value of total hydrocarbons emissions for positive ignition vehicles , the amendment of regulation no 715 / 2007 for the purposes of recalibrating the particulate mass based limit values and introducing particle number based limit values that would correlate broadly with the petrol and diesel mass limit values , the adoption of a revised measurement procedure for particulates and a particle number limit value , a limit value for emissions of no2 and limits for tailpipe emissions at cold temperatures for vehicles approved as complying with the euro 6 emission limits . the commission , when preparing and drawing up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and to the council . ### in order to achieve eu air quality objectives and to ensure a continuous effort to reduce vehicle emissions , the power to adopt delegated 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 detailed rules on the application of regulation no 715 / 2007 to vehicles of categories m1 , m2 , n1 and n2 with a reference mass exceeding 2 610 kg but with a maximum technically permissible laden mass not exceeding 7 500 kg , the specific procedures , tests and requirements for type approval , the requirements for the implementation of the prohibition on the use of defeat devices that reduce the effectiveness of emission control systems , the measures necessary for the implementation of the obligation of a manufacturer to provide unrestricted and standardised access to vehicle repair and maintenance information , the replacement of the information on the mass of co2 emissions in the certificate of conformity with information on total mass of co2 emissions equivalents and the adoption of a revised measurement procedure for particulates ; the commission , when preparing and drawing up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and to the council .


### modern diesel vehicles emit high and increasing amounts of no2 as a share of the total nox emissions which were not anticipated when regulation no 715 / 2007 was adopted . most air quality problems in affected urban areas appear to be related to direct no2 emissions . therefore , an appropriate emission limit should be introduced . ### modern diesel vehicles emit high and increasing amounts of no2 as a share of the total nox emissions which were not anticipated when regulation no 715 / 2007 was adopted . most air quality problems in affected urban areas appear to be related to direct no2 emissions . while no is easily converted into no2 in the atmosphere , a stringent nox limit , controlled against emission levels observed in real driving conditions , is the most effective way to ensure low no2 concentrations in the ambient air .


### it shall ensure that the user has the possibility to preview the evidence to be exchanged . ### it shall ensure that the user has the possibility to preview the evidence to be exchanged before it is made available to the requesting authority , and to withdraw the request for evidence to be exchange at any time ;


### the gateway should be user - centric and user - friendly and it should allow citizens and businesses to interact with national and union level administrations by providing them with the opportunity to give feedback in relation to both the services offered through the gateway and the functioning of the internal market as they experience it . the feedback tool should enable the user to point out perceived problems , deficiencies and needs in order to encourage continuous improvement of the quality of the services . ### the gateway should be user - centric , user - friendly and accessible and it should allow citizens and businesses to interact with national and union level administrations by providing them with the opportunity to give feedback in relation to both the services offered through the gateway and the functioning of the internal market as they experience it . the feedback tool should enable the user to point out perceived problems , deficiencies and needs in order to encourage continuous improvement of the quality of the services on the basis of anonymous data in order to protect the personal data of users .


### in some instances , given the current state of technical development it may still be necessary for users of a procedure to appear in person before a competent authority as part of the online procedure , in particular in the case of requesting or renewing passports or identity cards containing biometric data . any such exception should be limited to situations where no digital technology exists to achieve the purpose of the procedure . ### in the case of requesting or renewing passports or identity cards , it may still be necessary as part of the online procedure for users to appear in person before a competent authority for the explicit purpose of gathering biometric data , where these data are required for the issuance of the renewed documents . this exception should be limited to situations where no digital technology exists to achieve the purpose of the procedure .


### in order to further facilitate the use of online procedures , this regulation should , in line with the “once - only” principle , provide the basis for the exchange of evidence directly between the competent authorities concerned from different member states , at the request of citizens and businesses . the “once - only principle means that citizens and businesses should not have to supply the same information to public authorities more than once for the cross - border exchange of evidence . ### in order to further facilitate the use of online procedures , this regulation should , in line with the “once - only” principle , provide the basis for establishing a secure technical system to exchange evidence directly between the competent authorities concerned from different member states , at the explicit request of citizens and businesses . the “once - only principle means that citizens and businesses should not have to supply the same information to public authorities more than once for the cross - border exchange of evidence .


### 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 ; ### documents for which the public sector body concerned is required by national law to generate sufficient revenue to cover at least 60% of their costs relating to their collection , production , reproduction , dissemination and data storage .


### the selection of datasets for the list referred to in paragraph 1 shall be based on the assessment of their potential to generate socio - economic benefits , the number of users and the revenues they may help generate , and their potential for being combined with other datasets . ### the selection of additional categories and high value datasets for the list referred to in paragraph 1 shall be based on the assessment of their potential to generate significant civic or socio - economic benefits , innovation , the number of users , especially small and medium - sized enterprises , the revenues they may help generate , and their potential for being combined with other datasets .


### 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 . in exceptional cases , the necessity of not hindering the normal running of public sector bodies that are required to generate revenue to cover a substantial part of their costs relating to the performance of their public tasks should be taken into consideration . the role of public undertakings in a competitive economic environment should also be acknowledged . in such cases , public sector bodies and public undertakings should therefore be able to charge above marginal costs . those charges should be set according to objective , transparent and verifiable criteria and the total income from supplying and allowing re - use of documents should not exceed the cost of collection , production , reproduction and dissemination , together with a reasonable return on investment . where applicable , the costs of anonymisation of personal data or of commercially sensitive information should also be included in the eligible cost . the requirement to generate revenue to cover a substantial part of the public sector bodies’ costs relating to the performance of their public tasks or the scope of the services of general interest entrusted with public undertakings does not have to be a legal requirement and may stem , for example , from administrative practices in member states . such a requirement should be regularly reviewed by the member states . ### a wide range of practices in terms of charging for the re - use of documents persists not only between member states , but also between public sector bodies within the same member state . 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 or , where charges are necessary , they should in principle be limited to the marginal costs , as referred to in the commission ' s notice 2014 / c 240 / 01 . in exceptional cases , the necessity of not hindering the performance of the public tasks and the normal running of public sector bodies that are required to generate revenue to cover at least 60 % of the costs relating to the documents , falling within the scope of this directive 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 , dissemination and data storage , together with a reasonable return on investment . where applicable , the costs of anonymisation of personal data or of commercially sensitive information should also be included in the eligible cost . the requirement to generate revenue to cover at least 60 % of the costs should be regularly reviewed by the member states .


### by way of exception , the free availability referred to in paragraph 2 shall not apply to high - value datasets of public undertakings if the impact assessment referred to in article 13 shows that making the datasets available for free will lead to a considerable distortion of competition in the respective markets . ### by way of exception , the free availability referred to in paragraph 1 shall not apply to high - value datasets of public undertakings if the impact assessment referred to in article 13 shows that making the datasets available for free will lead to a considerable distortion of competition in the respective markets and if no less restrictive approach to mitigating such distortion is available , charges shall be calculated without prejudice to article 6 .


### 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 . ### member states should 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 ; and while ensuring the protection of personal data , including where information in an individual data set may not present a risk of identifying or singling out a natural person , but when combined with other available information , could entail such risk . open data policies ensuring the findability , accessibility , interoperability and re - usability , and encouraging 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 promoting the development of new services based on novel ways to combine and make use of such information , stimulate economic growth and promote social engagement . interoperability , open standards and open data should therefore be implemented at the level of each member state’s administration . at the same time , the commission should facilitate the cooperation among member states and support the design , testing , implementation and deployment of interoperable electronic interfaces that will enable more efficient and secure public services .


### no sooner than four years after the date of transposition of this directive , the commission shall carry out an evaluation of this directive and present a report on the main findings to the european parliament , the council and the european economic and social committee . the evaluation shall be conducted according to the commission ' s better regulation guidelines47 . member states shall provide the commission with the information necessary for the preparation of that report . __________________ 47 swd 0350 ### by [ 36 months after the date for transposition of this directive ] and at the latest every five years thereafter , the commission shall carry out an evaluation of this directive and present a report on the main findings to the european parliament , the council and the european economic and social committee . the evaluation shall be conducted according to the commission ' s better regulation guidelines47 . member states shall provide the commission with the information necessary for the preparation of that report . __________________ 47 swd 0350


### re - use of documents may be allowed without or with conditions , where appropriate through a licence . those conditions shall not unnecessarily restrict possibilities for re - use and shall not be used to restrict competition . ### member states shall not make the re - use of documents subject to conditions or a licence , unless the need for such conditions or a licence is non - discriminatory , justified by a public interest objective and proportionate .


### 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 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 . ### 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 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 union .


### re - use of documents shall be free of charge or limited to the marginal costs incurred for their reproduction , provision and dissemination , and &#8211 ; where applicable &#8211 ; anonymisation of personal data and measures taken to protect commercially confidential information . ### the re - use of documents shall be free of charge .


### 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 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 . ### 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 .


### 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 , research performing organisations and research funding organisations , tackling the emergence of new forms of exclusive arrangements , the use of exceptions to the principle of charging the marginal cost and the relationship between this directive and certain related legal instruments , including directive 96 / 9 / ec31 and directive 2007 / 2 / ec of the european parliament and of the council32 . __________________ 31 directive 96 / 9 / ec of the european parliament and of the council of 11 march 1996 on the legal protection of databases . 32 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 . ### 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 , research performing organisations and research funding organisations , tackling the emergence of new forms of exclusive arrangements , the use of exceptions to the principle of charging the marginal cost and the relationship between this directive and certain related legal instruments , including directive 96 / 9 / ec31 , directive 2007 / 2 / ec of the european parliament and of the council , and regulation 2016 / 67932 . __________________ 31 directive 96 / 9 / ec of the european parliament and of the council of 11 march 1996 on the legal protection of databases . 32 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 .


### 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 . 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 . at union level , articles 41 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 . ### the directive lays down an obligation for member states to make all documents re - usable without prejudice to the exceptions laid down in this directive , such as national security or the protection of personal data , allowing member states to restrict or exclude certain documents from access . in the absence of harmonisation , procedures and modalities regarding access to public sector information remain within the competence of member states . 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 . at union level , articles 41 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 . although this directive does not set an obligation for public sector bodies to ensure the storage of a certain type of documents with a view to the re - use of such documents , member states should make all reasonable efforts to ensure that this does not unduly impair the exploitation of their economic potential .


### 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 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 , the economic value of which depends on the immediate availability of the information and of regular updates . dynamic data should therefore be made available immediately after collection , via an application programming interface so as to facilitate the development of internet , mobile and cloud applications based on such data . whenever this is not possible due to technical or financial constraints , public sector bodies should make the documents available in a timeframe that allows their full economic potential to be exploited . should a licence be used , the timely availability of documents may be a part of the terms of the licence . ### public sector bodies are increasingly making their documents available for re - use in a proactive manner , by ensuring online findability 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 . member states should enable applicants to request documents for re - use without having to state an interest . member states should guarantee that practical arrangements are defined for ensuring that the re - use of public - sector information can be exercised effectively , such as the designation of information officers , the establishment and maintenance of facilities for the examination of documents , registers or lists of documents held by public sector bodies or information points , with clear indications of where such documents can be found . 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 could therefore 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 , the economic value of which depends on the immediate availability of the information and of regular updates . dynamic data should therefore be made available immediately after collection , via an application programming interface so as to facilitate the development of internet , mobile and cloud applications based on such data . whenever this is not possible due to technical or financial constraints , public sector bodies should make the documents available in a timeframe that allows their full economic potential to be exploited . should a licence be used , the timely availability of documents may be a part of the terms of the licence .


### 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 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 principles : stability , maintenance over lifecycle , uniformity of use and standards , user - friendliness as well as security . for dynamic data , meaning frequently updated data , often in real time , public sector bodies and public undertakings shall make this available for re - use immediately after collection by ways of suitable apis . ### 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 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 structured web interface , or more complex set - ups . there are considerable differences among member states in using apis and additional financial support should be foreseen to move towards enhanced use of dynamic data and apis in general . apis are necessary to the development of fully interoperable information exchanges . 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 principles : stability , reliability , availability , efficiency , maintenance over lifecycle , uniformity of use and standards , user - friendliness as well as security . for dynamic data , meaning frequently updated data , often in real time , public sector bodies and public undertakings should make this available for re - use immediately after collection by ways of suitable apis . in particular , the api should adhere to the principle of stability , meaning that it should consistently work on the same technical specifications . the api should adhere to the principle of reliability , so that when changes are made , these are communicated well in advance , unless in duly justified urgent cases where changes must be applied earlier . the api should ensure availability , by operating at a steady level of quality . in order to ensure efficiency , the api’s performance and complexity should not significantly vary between when being accessed by the data provider or data producer , or the data user . in order to improve interoperability of api’s the power to adopt acts in accordance with article 290 of the treaty should be delegated to the commission in respect of the minimum criteria for the interoperability of apis .


### tools that help potential re - users to find documents available for 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 , and portal sites that are linked to decentralised assets lists are examples of such practical arrangements . ### 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 . such practical arrangements can include assets lists , accessible preferably online , of main documents , and portal sites that are linked to decentralised assets lists .


### public sector bodies and public undertakings shall make dynamic data available for re - use immediately after collection , via suitable application programming interfaces . ### public sector bodies and public undertakings shall make dynamic data available for re - use immediately after collection , in real - time and without delay where possible , via suitable application programming interfaces .


### the commission should carry out an evaluation of this directive . pursuant to paragraph 22 of the interinstitutional agreement between the european parliament , the council of the european union and the european commission on better law - making of 13 april 201641 , that evaluation should be based on the five criteria of efficiency , effectiveness , relevance , coherence and eu value added and should provide the basis for impact assessments of possible further measures . __________________ 41 oj l123 , 12 . 5 . 2016 , p1 . ### the commission should carry out an evaluation of this directive [ 36 months after its transposition ] . pursuant to the interinstitutional agreement between the european parliament , the council of the european union and the european commission on better law - making of 13 april 2016 41 , that evaluation should be based on the five criteria of efficiency , effectiveness , relevance , coherence and eu value added and should provide the basis for impact assessments of possible further measures . following the evaluation , the commission could , where necessary , present relevant proposals . __________________ 41 oj l123 , 12 . 5 . 2016 , p1 .


### 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 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 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 ship owners fulfilling public service obligations pursuant to article 4 of regulation no 3577 / 92 of 7 december 1992 applying the principle of freedom to provide services to maritime transport within member states . __________________ 33 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 . ### 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 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 regulation 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 regulation 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 ship owners fulfilling public service obligations pursuant to regulation no 3577 / 92 of 7 december 1992 applying the principle of freedom to provide services to maritime transport within member states . __________________ 33 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 .


### in some cases the re - use of documents will take place without a licence being agreed . in other cases a licence will be issued imposing conditions on the re - use by the licensee dealing with issues such as liability , the proper use of documents , guaranteeing non - alteration and the acknowledgement of source . if public sector bodies license documents for re - use , the licence conditions should be fair and transparent . standard licences that are available online may also play an important role in this respect . therefore member states should provide for the availability of standard licences . ### member states should ensure that the re - use of documents will take place without conditions . where necessary and justified by a public interest objective , member states may impose conditions , where appropriate through a licence , dealing with issues such as liability , the proper use of documents , guaranteeing non - alteration and the acknowledgement of source , while guaranteeing that the least restrictive conditions or licensing terms apply , including the possibility of dedicating documents to the public domain . if public sector bodies license documents for re - use , the licence conditions should be fair and transparent . member states should in particular evaluate the compatibility of these obligations with the principle of proportionality to ensure that such licences or conditions do not unnecessarily restrict possibilities for re - use or competition . member states should also encourage the use of open standard licences for the re - use of public sector documents and ensure that such licences are available in digital format and can be processed electronically . open licences available online , which grant wider re - use rights without technological , financial or geographical limitations and relying on open data formats , should play an important role and should eventually become common practice across the union . the commission should provide guidance on recommended standard licences and licensing approaches .


### 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 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 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 . ### in order to set in place conditions supporting the re - use of documents which is associated with important civic or socio - economic benefits having a particular high value for economy and society , a list of categories of high value datasets is included in annex iia . 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 additions to the list of categories of datasets set out in annex iia , and the addition of specific high - value datasets 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 - making1a . 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 . _______________ 1a oj l 123 , 12 . 5 . 2016 , p . 1


### 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 . in exceptional cases , the necessity of not hindering the normal running of public sector bodies that are required to generate revenue to cover a substantial part of their costs relating to the performance of their public tasks should be taken into consideration . the role of public undertakings in a competitive economic environment should also be acknowledged . in such cases , public sector bodies and public undertakings should therefore be able to charge above marginal costs . those charges should be set according to objective , transparent and verifiable criteria and the total income from supplying and allowing re - use of documents should not exceed the cost of collection , production , reproduction and dissemination , together with a reasonable return on investment . where applicable , the costs of anonymisation of personal data or of commercially sensitive information should also be included in the eligible cost . the requirement to generate revenue to cover a substantial part of the public sector bodies’ costs relating to the performance of their public tasks or the scope of the services of general interest entrusted with public undertakings does not have to be a legal requirement and may stem , for example , from administrative practices in member states . such a requirement should be regularly reviewed by the member states . ### a wide range of practices in terms of charging for the re - use of documents persists not only between member states , but also between public sector bodies within the same member state . 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 or , where charges are necessary , they should in principle be limited to the marginal costs , as referred to in the commission ' s notice 2014 / c 240 / 01 . in exceptional cases , the necessity of not hindering the performance of the public tasks and the normal running of public sector bodies that are required to generate revenue to cover at least 60 % of the costs relating to the documents , falling within the scope of this directive 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 , dissemination and data storage , together with a reasonable return on investment . where applicable , the costs of anonymisation of personal data or of commercially sensitive information should also be included in the eligible cost . the requirement to generate revenue to cover at least 60 % of the costs should be regularly reviewed by the member states .


### the evaluation shall in particular address the scope and impact of this directive , including the extent of the increase in re - use of public sector documents to which this directive applies , the effects of the principles applied to charging and the re - use of official texts of a legislative and administrative nature , the re - use of documents held by other entities than public sector bodies , the interaction between data protection rules and re - use possibilities , as well as further possibilities of improving the proper functioning of the internal market and the development of the european data economy . ### the evaluation shall in particular address the scope , civic 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 , the impact of high value datasets , the relevance for specific stakeholders such as consumers and enterprises , particularly for small and medium - sized enterprises , the effects of the principles applied to charging and the re - use of official texts of a legislative and administrative nature , the re - use of documents held by other entities than public sector bodies , the availability and the use of apis the interaction between data protection rules and re - use possibilities , as well as further possibilities of improving the proper functioning of the internal market and the development of the european data economy .


### 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 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 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 no 3577 / 9245 . __________________ 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 . 43 regulation 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 nos 1191 / 69 and 1107 / 70 . 44 regulation 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 . 45 council regulation no 3577 / 92 of 7 december 1992 applying the principle of freedom to provide services to maritime transport within member states . ### publicly accessible documents held by public undertakings active in the areas defined in directive 2014 / 25 / eu of the european parliament and of the council42 and by public undertakings acting as public service operators pursuant to article 2 of regulation 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 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 no 3577 / 9245 . __________________ 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 . 43 regulation no . 1370 / 2007 of the european parliament and of the council of 23 october 2007 on public passenger transport services by rail and by road and repealing council regulations nos 1191 / 69 and 1107 / 70 . 44 regulation 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 . 45 council regulation no 3577 / 92 of 7 december 1992 applying the principle of freedom to provide services to maritime transport within member states .


### 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 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 . ### 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 access to 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 .


### 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 . ### the re - use of documents shall be open to all potential users in the market , even if one or more users 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 .


### re - use of documents shall be free of charge or limited to the marginal costs incurred for their reproduction , provision and dissemination , and &#8211 ; where applicable &#8211 ; anonymisation of personal data and measures taken to protect commercially confidential information . ### the re - use of documents shall be free of charge .


### allowing re - use of documents held by a public sector body adds value for the re - users , for the end users and for society in general and in many cases for the public body itself , by promoting transparency and accountability and providing feedback from re - users and end users which allows the public sector body concerned to improve the quality of the information collected . ### allowing access to and re - use of documents held by a public sector body adds value for the re - users , for the end users and for society in general and in many cases for the public body itself , by promoting transparency and accountability and providing feedback from re - users and end users which allows the public sector body concerned to improve the quality of the information collected .


### 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 , the commission should carry out appropriate consultations , including at expert level . the list should take into account sectoral legislation that already regulates the publication of datasets , as well as the categories indicated in the technical annex of the g8 open data charter and in the commission ' s notice 2014 / c 240 / 01 . ### an eu - wide list of datasets with a particular potential to generate civic or socio - economic benefits together with harmonised re - use conditions constitutes an important enabler of cross - border data applications and services . annex iia provides a list of categories of high value datasets which could be amended by a delegated act . the additional categories for the list should take into account sectoral legislation that already regulates the publication of datasets , as well as the categories indicated in the technical annex of the g8 open data charter and in the commission ' s notice 2014 / c 240 / 01 . in the process leading to the identification of additional categories or datasets for the list , the commission should carry out an impact assessment and appropriate public consultations , including at expert level . for the purposes of the impact assessment , the commission should carry out public consultations with all interested parties , including public sector bodies , public undertakings , data re - users , research organisations , civil society groups and representative organisations . all interested parties should be given the possibility to submit suggestions to the commission for additional categories of high value datasets or concrete datasets .


### by way of exception , the free availability referred to in paragraph 2 shall not apply to high - value datasets of public undertakings if the impact assessment referred to in article 13 shows that making the datasets available for free will lead to a considerable distortion of competition in the respective markets . ### by way of exception , the free availability referred to in paragraph 1 shall not apply to high - value datasets of public undertakings if the impact assessment referred to in article 13 shows that making the datasets available for free will lead to a considerable distortion of competition in the respective markets and if no less restrictive approach to mitigating such distortion is available , charges shall be calculated without prejudice to article 6 .


### where making available documents immediately after collection 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 . ### 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 . users shall be notified of the exact timeframe of making documents available and the frequency with which documents are updated .


### 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 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 principles : stability , maintenance over lifecycle , uniformity of use and standards , user - friendliness as well as security . for dynamic data , meaning frequently updated data , often in real time , public sector bodies and public undertakings shall make this available for re - use immediately after collection by ways of suitable apis . ### 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 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 structured web interface , or more complex set - ups . there are considerable differences among member states in using apis and additional financial support should be foreseen to move towards enhanced use of dynamic data and apis in general . apis are necessary to the development of fully interoperable information exchanges . 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 principles : stability , reliability , availability , efficiency , maintenance over lifecycle , uniformity of use and standards , user - friendliness as well as security . for dynamic data , meaning frequently updated data , often in real time , public sector bodies and public undertakings should make this available for re - use immediately after collection by ways of suitable apis . in particular , the api should adhere to the principle of stability , meaning that it should consistently work on the same technical specifications . the api should adhere to the principle of reliability , so that when changes are made , these are communicated well in advance , unless in duly justified urgent cases where changes must be applied earlier . the api should ensure availability , by operating at a steady level of quality . in order to ensure efficiency , the api’s performance and complexity should not significantly vary between when being accessed by the data provider or data producer , or the data user . in order to improve interoperability of api’s the power to adopt acts in accordance with article 290 of the treaty should be delegated to the commission in respect of the minimum criteria for the interoperability of apis .


### 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 ; ### documents for which the public sector body concerned is required by national law to generate sufficient revenue to cover at least 60% of their costs relating to their collection , production , reproduction , dissemination and data storage .


### in member states where licences are used , member states shall ensure that standard licences for the re - use of public sector documents , which can be adapted to meet particular licence applications , are available in digital format and can be processed electronically . member states shall encourage the use of such standard licences . ### where the re - use of documents is subjected to conditions or a licence , member states shall : ensure that such conditions or licences do not unnecessarily restrict possibilities for re - use or competition and that data be released under the least restrictive conditions or licensing terms , including the possibility to dedicate documents to the public domain ; evaluate whether commonly used , open licences exist that meet those requirements . member states shall then use the most commonly used and least restrictive compatible licence or licences ; encourage the use of standard open licences for the re - use of public sector documents and ensure that such licences , are available in digital format and can be processed electronically .


### 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 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 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 no 3577 / 92 of 7 december 1992 applying the principle of freedom to provide sevices to maritime transport within member states . _________________ 33 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 . ### directive 2003 / 98 / ec should therefore 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 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 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 no 3577 / 92 of 7 december 1992 applying the principle of freedom to provide services to maritime transport within member states . _________________ 33 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 .


### 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 . ### member states should 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 ; and while ensuring the protection of personal data , including where information in an individual data set may not present a risk of identifying or singling out a natural person , but when combined with other available information , could entail such risk . open data policies ensuring the findability , accessibility , interoperability and re - usability , and encouraging 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 promoting the development of new services based on novel ways to combine and make use of such information , stimulate economic growth and promote social engagement . interoperability , open standards and open data should therefore be implemented at the level of each member state’s administration . at the same time , the commission should facilitate the cooperation among member states and support the design , testing , implementation and deployment of interoperable electronic interfaces that will enable more efficient and secure public services .


### if documents are re - used by a public sector body as input for its commercial activities which fall outside the scope of its public tasks , the same charges and other conditions shall apply to the supply of the documents for those activities as apply to other users . ### member states shall guarantee fair competition between public sector bodies and public undertakings , and other users in cases where documents are re - used by those public sector bodies or public undertakings as input for its commercial activities which fall outside the scope of their public tasks , by ensuring that the same charges and other conditions shall apply to the supply of the documents for those activities as apply to other users . 3 . member states shall ensure in the same way that re - use of documents and information of public undertakings does not lead to distortion of fair competition .


### this directive should not contain an obligation to allow the re - use of documents produced by public undertakings . the decision whether or not to authorise re - use should remain with the public undertaking concerned . only after the public undertaking has chosen to make a document available for re - use , should it observe the relevant obligations laid down in chapters iii and iv of this directive , in particular as regards formats , charging , transparency , licences , non - discrimination and prohibition of exclusive arrangements . on the other hand , the public undertaking is not required to comply with the requirements laid down in chapter ii , such as the rules applicable to processing of requests . ### this directive does not contain an obligation to allow the re - use of documents produced by public undertakings . the decision whether or not to authorise re - use of documents or parts of documents , falling within the scope of this directive should remain with the public undertaking concerned . only after the public undertaking has chosen to make a document available for re - use , should it observe the relevant obligations laid down in chapters iii and iv of this directive , in particular as regards formats , charging , transparency , licences , non - discrimination and prohibition of exclusive arrangements . on the other hand , the public undertaking is not required to comply with the requirements laid down in chapter ii , such as the rules applicable to processing of requests .


### ensuring that the conditions for re - use of public sector documents are clear and publicly available is a pre - condition for the development of a union - wide information market . therefore all applicable conditions for the re - use of the documents should be made clear to the potential re - users . member states should encourage the creation of indices accessible on line , where appropriate , of available documents so as to promote and facilitate requests for re - use . applicants for re - use of documents held by entities other than public undertakings , educational establishments , research performing organisations and research funding organisations should be informed of available means of redress relating to decisions or practices affecting them . this will be particularly important for smes which may not be familiar with interactions with public sector bodies from other member states and corresponding means of redress . ### ensuring that the conditions for access to and re - use of public sector documents are clear and publicly available is a pre - condition for the development of a union - wide information market . therefore all applicable conditions for the access to and re - use of the documents should be made clear to the potential re - users . member states should encourage the creation of indices accessible on line , where appropriate , of available documents so as to promote and facilitate requests for re - use . applicants for access to and re - use of documents held by entities other than public undertakings , educational establishments , research performing organisations and research funding organisations should be informed of available means of redress relating to decisions or practices affecting them . this will be particularly important for smes which may not be familiar with interactions with public sector bodies from other member states and corresponding means of redress .


### 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 , research performing organisations and research funding organisations , tackling the emergence of new forms of exclusive arrangements , the use of exceptions to the principle of charging the marginal cost and the relationship between this directive and certain related legal instruments , including directive 96 / 9 / ec31 and directive 2007 / 2 / ec of the european parliament and of the council32 . __________________ 31 directive 96 / 9 / ec of the european parliament and of the council of 11 march 1996 on the legal protection of databases . 32 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 . ### 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 , research performing organisations and research funding organisations , tackling the emergence of new forms of exclusive arrangements , the use of exceptions to the principle of charging the marginal cost and the relationship between this directive and certain related legal instruments , including directive 96 / 9 / ec31 , directive 2007 / 2 / ec of the european parliament and of the council , and regulation 2016 / 67932 . __________________ 31 directive 96 / 9 / ec of the european parliament and of the council of 11 march 1996 on the legal protection of databases . 32 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 .


### 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 for re - use to the applicant or , if a licence is needed , finalise the licence offer to the applicant within a timeframe of not more than 20 working days after its receipt . this timeframe may be extended by another 20 working days for extensive or complex requests . in such cases the applicant shall be notified within three weeks after the initial request that more time is needed to process it . ### 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 for re - use to the applicant or , if a licence is needed for re - use , finalise the licence offer to the applicant as soon as possible or , at the latest , within a timeframe of not more than 20 working days after its receipt . this timeframe may be extended by another 20 working days for extensive or complex requests . in such cases the applicant shall be notified as soon as possible , and in any case within three weeks after the initial request that more time is needed to process it and of the reasons for it .


### 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 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 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 . ### in order to set in place conditions supporting the re - use of documents which is associated with important civic or socio - economic benefits having a particular high value for economy and society , a list of categories of high value datasets is included in annex iia . 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 additions to the list of categories of datasets set out in annex iia , and the addition of specific high - value datasets 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 - making1a . 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 . _______________ 1a oj l 123 , 12 . 5 . 2016 , p . 1


### 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 . in exceptional cases , the necessity of not hindering the normal running of public sector bodies that are required to generate revenue to cover a substantial part of their costs relating to the performance of their public tasks should be taken into consideration . the role of public undertakings in a competitive economic environment should also be acknowledged . in such cases , public sector bodies and public undertakings should therefore be able to charge above marginal costs . those charges should be set according to objective , transparent and verifiable criteria and the total income from supplying and allowing re - use of documents should not exceed the cost of collection , production , reproduction and dissemination , together with a reasonable return on investment . where applicable , the costs of anonymisation of personal data or of commercially sensitive information should also be included in the eligible cost . the requirement to generate revenue to cover a substantial part of the public sector bodies’ costs relating to the performance of their public tasks or the scope of the services of general interest entrusted with public undertakings does not have to be a legal requirement and may stem , for example , from administrative practices in member states . such a requirement should be regularly reviewed by the member states . ### a wide range of practices in terms of charging for the re - use of documents persists not only between member states , but also between public sector bodies within the same member state . 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 or , where charges are necessary , they should in principle be limited to the marginal costs , as referred to in the commission ' s notice 2014 / c 240 / 01 . in exceptional cases , the necessity of not hindering the performance of the public tasks and the normal running of public sector bodies that are required to generate revenue to cover at least 60 % of the costs relating to the documents , falling within the scope of this directive 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 , dissemination and data storage , together with a reasonable return on investment . where applicable , the costs of anonymisation of personal data or of commercially sensitive information should also be included in the eligible cost . the requirement to generate revenue to cover at least 60 % of the costs should be regularly reviewed by the member states .


### in some cases the re - use of documents will take place without a licence being agreed . in other cases a licence will be issued imposing conditions on the re - use by the licensee dealing with issues such as liability , the proper use of documents , guaranteeing non - alteration and the acknowledgement of source . if public sector bodies license documents for re - use , the licence conditions should be fair and transparent . standard licences that are available online may also play an important role in this respect . therefore member states should provide for the availability of standard licences . ### member states should ensure that the re - use of documents will take place without conditions . where necessary and justified by a public interest objective , member states may impose conditions , where appropriate through a licence , dealing with issues such as liability , the proper use of documents , guaranteeing non - alteration and the acknowledgement of source , while guaranteeing that the least restrictive conditions or licensing terms apply , including the possibility of dedicating documents to the public domain . if public sector bodies license documents for re - use , the licence conditions should be fair and transparent . member states should in particular evaluate the compatibility of these obligations with the principle of proportionality to ensure that such licences or conditions do not unnecessarily restrict possibilities for re - use or competition . member states should also encourage the use of open standard licences for the re - use of public sector documents and ensure that such licences are available in digital format and can be processed electronically . open licences available online , which grant wider re - use rights without technological , financial or geographical limitations and relying on open data formats , should play an important role and should eventually become common practice across the union . the commission should provide guidance on recommended standard licences and licensing approaches .


### this directive lays down a generic definition of the term ‘ document’ . it covers any representation of acts , facts or information — and any compilation of such acts , facts or information — whatever its medium . the definition of ‘ document’ is not intended to cover computer programmes . ### this directive lays down a generic definition of the term ‘ document’ . it covers any representation of acts , facts or information — and any compilation of such acts , facts or information — whatever its medium . member states should guarantee transparency as regards the methodology used in compiling the documents .


### re - use of documents may be allowed without or with conditions , where appropriate through a licence . those conditions shall not unnecessarily restrict possibilities for re - use and shall not be used to restrict competition . ### member states shall not make the re - use of documents subject to conditions or a licence , unless the need for such conditions or a licence is non - discriminatory , justified by a public interest objective and proportionate .


### the evaluation shall in particular address the scope and impact of this directive , including the extent of the increase in re - use of public sector documents to which this directive applies , the effects of the principles applied to charging and the re - use of official texts of a legislative and administrative nature , the re - use of documents held by other entities than public sector bodies , the interaction between data protection rules and re - use possibilities , as well as further possibilities of improving the proper functioning of the internal market and the development of the european data economy . ### the evaluation shall in particular address the scope , civic 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 , the impact of high value datasets , the relevance for specific stakeholders such as consumers and enterprises , particularly for small and medium - sized enterprises , the effects of the principles applied to charging and the re - use of official texts of a legislative and administrative nature , the re - use of documents held by other entities than public sector bodies , the availability and the use of apis the interaction between data protection rules and re - use possibilities , as well as further possibilities of improving the proper functioning of the internal market and the development of the european data economy .


### in the cases referred to in points and 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 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 . ### in the cases referred to in points and 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 , data storage and – where applicable – anonymisation of personal data and measures taken to protect commercially confidential information , together with a reasonable return on investment . charges shall be calculated in line with the applicable accounting principles .


### 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 . 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 . at union level , articles 41 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 . ### the directive lays down an obligation for member states to make all documents re - usable without prejudice to the exceptions laid down in this directive , such as national security or the protection of personal data , allowing member states to restrict or exclude certain documents from access . in the absence of harmonisation , procedures and modalities regarding access to public sector information remain within the competence of member states . 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 . at union level , articles 41 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 . although this directive does not set an obligation for public sector bodies to ensure the storage of a certain type of documents with a view to the re - use of such documents , member states should make all reasonable efforts to ensure that this does not unduly impair the exploitation of their economic potential .


### the selection of datasets for the list referred to in paragraph 1 shall be based on the assessment of their potential to generate socio - economic benefits , the number of users and the revenues they may help generate , and their potential for being combined with other datasets . ### the selection of additional categories and high value datasets for the list referred to in paragraph 1 shall be based on the assessment of their potential to generate significant civic or socio - economic benefits , innovation , the number of users , especially small and medium - sized enterprises , the revenues they may help generate , and their potential for being combined with other datasets .


### 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 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 principles : stability , maintenance over lifecycle , uniformity of use and standards , user - friendliness as well as security . for dynamic data , meaning frequently updated data , often in real time , public sector bodies and public undertakings shall make this available for re - use immediately after collection by ways of suitable apis . ### 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 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 structured web interface , or more complex set - ups . there are considerable differences among member states in using apis and additional financial support should be foreseen to move towards enhanced use of dynamic data and apis in general . apis are necessary to the development of fully interoperable information exchanges . 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 principles : stability , reliability , availability , efficiency , maintenance over lifecycle , uniformity of use and standards , user - friendliness as well as security . for dynamic data , meaning frequently updated data , often in real time , public sector bodies and public undertakings should make this available for re - use immediately after collection by ways of suitable apis . in particular , the api should adhere to the principle of stability , meaning that it should consistently work on the same technical specifications . the api should adhere to the principle of reliability , so that when changes are made , these are communicated well in advance , unless in duly justified urgent cases where changes must be applied earlier . the api should ensure availability , by operating at a steady level of quality . in order to ensure efficiency , the api’s performance and complexity should not significantly vary between when being accessed by the data provider or data producer , or the data user . in order to improve interoperability of api’s the power to adopt acts in accordance with article 290 of the treaty should be delegated to the commission in respect of the minimum criteria for the interoperability of apis .


### the evolution towards a data - based society influences the life of every citizen in the community , among other things , by enabling them to gain new ways of accessing and acquiring knowledge . ### the evolution towards a data - based society influences the life of every citizen in the union , among other things , by enabling them to gain new ways of accessing and acquiring knowledge .


### in member states where licences are used , member states shall ensure that standard licences for the re - use of public sector documents , which can be adapted to meet particular licence applications , are available in digital format and can be processed electronically . member states shall encourage the use of such standard licences . ### where the re - use of documents is subjected to conditions or a licence , member states shall : ensure that such conditions or licences do not unnecessarily restrict possibilities for re - use or competition and that data be released under the least restrictive conditions or licensing terms , including the possibility to dedicate documents to the public domain ; evaluate whether commonly used , open licences exist that meet those requirements . member states shall then use the most commonly used and least restrictive compatible licence or licences ; encourage the use of standard open licences for the re - use of public sector documents and ensure that such licences , are available in digital format and can be processed electronically .