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
Date: 2003-10-15
Institutions: European Commission
Subjects: access to information, data collection, electronic commerce, information, marketing, public sector

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 15.10.2003
COM(2003) 620 final

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

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  final1  –  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.

The Committee of the Regions gave its opinion on 21 November 20022.

The European Economic and Social Committee gave its opinion on 11 December 20023.

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  20034.  The
Commission delivered a favourable opinion on the Common Position5.

1 OJ C 227 E, 24.9.2002, p. 382.
2 OJ C 73, 26.3.2003, p. 38.
3 OJ C 85, 8.4.2003, p. 25.
4 OJ C 159, 8.7.2003, p. 1.
5 SEC(2003) 627 final.

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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

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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.

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