2009/301/EC: Commission Decision of 25 March 2009 setting up a High Level Expert Group on Digital Libraries
Date: 2009-03-25
Institutions: European Commission
Subjects: advisory committee (EU), digital technology, operation of the Institutions, self-employed person, virtual library

28.3.2009

EN

Official Journal of the European Union

L 82/9

COMMISSION DECISION

of 25 March 2009

setting up a High Level Expert Group on Digital Libraries

(2009/301/EC)

(1)

(2)

(3)

(4)

(5)

(6)

(7)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Whereas:

the

task of

Article 157 of
the Treaty establishing the European
Community assigned the Community and the Member
States
conditions
ensuring
necessary for the competitiveness of the Community’s
the
industry
Community shall contribute to the flowering of
the
the Member States, while respecting their
cultures of
national and regional diversity and at
the same time
bringing the common cultural heritage to the fore.

exist. Article

provides

151

that

that

the

The Communication from the Commission ‘i2010 — A
European
and
employment’ (1)
flagship initiative on
digital libraries.

announced a

Information

growth

Society

for

The Communication from the Commission ‘i2010:
Digital Libraries’ (2) announced the creation of a High
Level Expert Group on Digital Libraries to advise the
Commission on how to best address the organisational,
legal and technical challenges at European level.

That expert group was set up by Commission Decision
2006/178/EC (3), which expired on 31 December 2008.
In view of further needs, this Decision should allow the
group to continue its work in 2009.

(8)

(9)

(10)

The group should also monitor the uptake of solutions
presented in previously adopted reports, in particular in
the area of orphan and out-of-print works.

Rules on disclosure of information by members of the
group should be provided for, without prejudice to the
Commission’s rules on security as set out in the Annex
to
ECSC,
Euratom (4).

2001/844/EC,

Commission

Decision

Personal data relating to members of the group should
be processed in accordance with Regulation (EC) No
45/2001 of
the
the European Parliament
Council of 18 December 2000 on the protection of
individuals with regard to the processing of personal
data by the Community institutions and bodies and on
the free movement of such data (5).

and of

(11)

It is appropriate to fix a period for the application of this
Decision,

HAS DECIDED AS FOLLOWS:

Article 1

High Level Expert Group on Digital Libraries
The group of experts ‘High Level Expert Group on Digital
Libraries’, hereinafter referred to as ‘the group’, is hereby set up.

Article 2

Task

The group should contribute to a shared strategic vision
for European digital libraries.

The group’s tasks shall be:

The group should be composed of highly qualified
libraries, appointed
experts with competence on digital
in a personal capacity.

information. These

In 2009, the group should address copyright and preser­
vation questions relating to digital libraries and access to
in particular,
scientific
exceptions and limitations, voluntary agreements
for
enhancing online accessibility of in copyright content,
user generated content, open access to scientific infor­
mation and access to and preservation of research data.

include,

(a)

to advise the Commission on how to best address the orga­
nisational, legal and technical challenges at European level;

(b) to contribute to a shared strategic vision for European

digital libraries.

Article 3

Consultation

The Commission may consult the group on any matter relating
to the implementation of the digital libraries initiative.

(1) COM(2005) 229 final.
(2) COM(2005) 465 final.
(3) OJ L 63, 4.3.2006, p. 25.

(4) OJ L 317, 3.12.2001, p. 1.
(5) OJ L 8, 12.1.2001, p. 1.

L 82/10

EN

Official Journal of the European Union

28.3.2009

Article 4

Membership — Appointment

Article 5

Operation

1.

The group shall be composed of up to 20 members.

1.

The group shall be chaired by the Commission.

The Director-General of DG ‘Information Society and
2.
Media’ shall appoint the members of the group from specialists
with competence in the areas referred to in Articles 2 and 3.

The members shall be appointed in a personal capacity as
libraries and shall advise the

3.
high level experts on digital
Commission independently of any outside influence.

4. Members shall be appointed to ensure, as far as possible,
an adequate balance in terms of range of competencies, geogra­
phical origin and gender.

The Group shall include experts from the following cate­

5.
gories:

— memory organisations (libraries, archives, museums),

— authors, publishers and content providers,

— ICT industry (e.g. search engines, technology providers),

In agreement with the Commission, sub-groups may be
2.
set up to examine specific questions under
the terms of
reference established by the group. Such sub-groups shall be
dissolved as soon as their mandates are fulfilled.

The Commission’s representative may ask observers or
3.
experts,
in particular with specific competence on a subject
on the agenda, to participate in the group’s or sub-group’s
deliberations if this is useful and/or necessary.

4.
Information obtained by participating in the deliberations
of a group or sub-group shall not be divulged if, in the opinion
information relates to confidential
of
matters.

the Commission,

that

The group and its sub-groups shall normally meet on
5.
Commission premises in accordance with the procedures and
schedule established by it. The Commission shall provide secre­
tarial services. Other Commission officials with an interest in
the proceedings may attend meetings of the group and its sub-
groups.

— scientific and research organisations, academia.

The group shall adopt its rules of procedure on the basis
6.
of the standard rules of procedure adopted by the Commission.

6. Members may not designate an alternate to replace them.

7. Members are appointed for a mandate which ends on
31 December 2009.

8. Members who are no longer capable of contributing effec­
tively to the group’s deliberations, who resign or who do not
comply with the conditions set out in paragraph 3 of this
Article or in Article 287 of the Treaty may be replaced for
the remainder of their term of office.

The Commission may publish, in the original language of
7.
the document concerned, any summary, conclusion, or partial
conclusion or working document of the group.

Article 6

Meeting expenses

The Commission shall reimburse travel and, where appropriate,
subsistence expenses for members, experts and observers in
connection with the group’s activities in accordance with the
Commission’s rules on the compensation of external experts.

9. Members shall sign an undertaking to act in the public
interest and a declaration indicating the absence or existence of
any interest which may undermine their objectivity.

The members, experts and observers shall not be remunerated
for the services they render.

10.
The names of members shall be collected, processed and
published in accordance with Regulation (EC) No 45/2001. The
names of members shall be published on the i2010 Digital
libraries website.

Meeting expenses are reimbursed within the limits of the annual
budget allocated to the group by the responsible Commission
services.

28.3.2009

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Official Journal of the European Union

L 82/11

Article 7

Expiry

This Decision shall expire on 31 December 2009.

Done at Brussels, 25 March 2009.

For the Commission

Viviane REDING
Member of the Commission