OPINION OF THE COMMISSION pursuant to Article 251(2), third subparagraph, point (c) of the EC Treaty, on the European Parliament's amendments to the Council's common position regarding the proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the re-use of public sector information AMENDING THE PROPOSAL OF THE COMMISSION pursuant to Article 250 (2) of the EC Treaty

2002/0123 (COD)

OPINION OF THE COMMISSION pursuant to Article 251(2), third subparagraph, point (c) of the EC Treaty, on the European Parliament's amendments to the Council's common position regarding the proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the re-use of public sector information

1. Introduction

Article 251(2), third subparagraph, point (c) of the EC Treaty provides that the Commission is to deliver an opinion on the amendments proposed by the European Parliament at second reading. The Commission sets out its opinion below on the 16 amendments proposed by Parliament.

2. Background

The Proposal COM(2002) 207 final [1] - 2002/0123(COD) was transmitted to the European Parliament and the Council on 26 June 2002 in accordance with the co-decision procedure pursuant to Article 95 of the EC Treaty.

[1] OJ C 227 E, 24.9.2002, p. 382.

The Committee of the Regions gave its opinion on 21 November 2002 [2].

[2] OJ C 73, 26.3.2003, p. 38.

The European Economic and Social Committee gave its opinion on 11 December 2002 [3].

[3] OJ C 85, 8.4.2003, p. 25.

The European Parliament gave its opinion in first reading on 12 February 2003.

Following the opinion of the European Parliament and pursuant to Article 250(2) of the EC Treaty, the Commission amended its proposal by document COM(2003) 119 final and transmitted it to the European Parliament and the Council on 17 March 2003.

The Council reached unanimous political agreement on a Common Position on 27 March 2003. The Council formally adopted the Common Position on 26 May 2003 [4]. The Commission delivered a favourable opinion on the Common Position [5].

[4] OJ C 159, 8.7.2003, p. 1.

[5] SEC(2003) 627 final.

3. Purpose of the proposal

The proposal aims at a minimum harmonisation of the rules for the re-use of public sector information in the European Union. Public sector information (e.g. geographical information, business information, traffic information) is an important economic asset. It provides raw material for new digital products and services and is a key data input for e-commerce trading. Information held by the public sector can become a strong asset for new wireless applications.

The rules for the re-use of this information resource vary widely throughout the Union. This hampers the development of added-value cross-border services that use this information as an input. A European framework for the re-use of public sector information will increase certainty and thus foster investments in creativity and innovation in the area of content provision and in other sectors.

4. Opinion of the Commission on the amendments by the European Parliament

On 25 September 2003 the European Parliament adopted 16 amendments to the Council's common position on a Directive on the re-use of public sector information. The amendments were based on a compromise package agreed between Council and Parliament. The Commission can accept all the European Parliament amendments in full.

Amendment 1 (title) changing the word 'documents' into 'information' in the title of the directive.

Amendment 2 (recital 6) indicating that different administrative traditions in dealing with public sector information should be taken into account.

Amendment 3 (recital 9) referring to the rights of citizens under the Charter of Fundamental Rights of the European Union. Although the reference seems to be more about access to information than about re-use, it can be accepted as part of recital 9.

Amendment 4 (recital 12) giving attention to dynamic data, the economic value of which depends on its timely availability. This is a useful clarification.

Amendment 5 (recital 13) underlining the importance of formats that are independent of a specific software and the needs of people with disabilities.

Amendment 7 (recital 15) drawing the attention to the importance of transparent means of redress, in particular for small and medium sized enterprises.

Amendment 9 (recital 16 a new) indicating that public sector bodies should take into account interests of re-users when they discontinue the production of documents.

Amendment 10 (Recital 20a new) explaining the importance of practical tools that help re-users for cross-border use of public sector documents.

Amendment 11 (article 1 paragraph 1) indicating that the directive is also about the practical means of facilitating re-use. This is a useful clarification in line with amendments 10 and 19.

Amendment 18 (article 7 paragraph 1), stipulating that public sector bodies have to indicate on request the calculation basis for their charges and that public sector bodies shall inform applicants for re-use on means of redress. These are valuable additions, increasing transparency for re-users.

Amendment 19 (article 8a new), introducing an obligation for the Member States to ensure practical arrangements that facilitate the search for documents available for re-use. This is an important amendment to improve the practical means facilitating re-use of public sector documents, and in particular cross-border re-use.

Amendment 20 (recital 14) reformulating the reference to self-financing needs of certain public sector bodies and the reference to the applicable accounting principles and the relevant cost calculation method of the public sector bodies concerned.

Amendment 21 (recital 15a new) linking the availability of information to the right to knowledge. This recital seems to be more about access to information than about re-use, but is acceptable as part of the package agreed by Parliament and Council.

Amendment 22 (article 1 paragraph 3) changing the formulation of the notion that this directive is without prejudice to the national access regimes.

Amendment 23 (article 3) reintroducing the notion of use for commercial and non-commercial purposes in the article. This first part of this amendment reinstates the wording used in the Commission proposal. The second part of this compromise amendment stipulates that documents should where possible be available through electronic means. This is a useful addition, in line with the development of the information society.

Amendment 24 (article 4 paragraph 2) making the public sector bodies the direct addressees of the obligation and not the Member States. This is not a material change, since the obligation to ensure conformity with the rules is on the Member States anyway.

5. Conclusion

Pursuant to Article 250(2) of the EC Treaty, the Commission amends its proposal as set out above.