cabotage) (OJ L 364, 12.12.1992, p. 7–10). cabotage) (OJ L 364, 12.12.1992, p. 7). </Amend> <Amend>Amendment <NumAm>40</NumAm> <DocAmend>Proposal for a directive</DocAmend> <Article>Article 1 – paragraph 2 – point d – indent 1</Article> Text proposed by the Commission Amendment — the protection of national security (that is to say, State security), defence, or public security, — the protection of national security and defence, or public order, including sensitive critical infrastructure protection related information within the meaning of Article 2(d) of Directive 2008/114/EC, </Amend> <NumAm>41</NumAm> <DocAmend>Proposal for a directive</DocAmend> <Article>Article 1 – paragraph 3 a (new)</Article> Text proposed by the Commission Amendment 3 a. This Directive is without prejudice to Regulation (EU) 2016/679 and it does not affect the of protection of individuals with regard to the processing of personal data in accordance with Union law on personal data protection. </Amend> <Amend>Amendment <NumAm>42</NumAm> <DocAmend>Proposal for a directive</DocAmend> <Article>Article 1 – paragraph 5</Article> Text proposed by the Commission Amendment 5. The right for the maker of a database provided for in Article 7(1) of Directive 96/9/EC shall not be exercised by public sector bodies in order to prevent or restrict the re-use of documents pursuant to this Directive. 5. The right for the maker of a database provided for in Article 7(1) of Directive 96/9/EC shall not be exercised in order to prevent or restrict the re-use of documents pursuant to this Directive.
<Amend>Amendment <NumAm>70</NumAm> <DocAmend>Proposal for a directive</DocAmend> <Article>Article 7 – paragraph 3</Article> Text proposed by the Commission Amendment 3. Member States shall publish a list of public sector bodies referred to in point (a) of Article 6(2). deleted <TitreJust>Justification</TitreJust> This amendment is needed in view of the internal logic of the text and because the amendment is inextricably linked to other admissible amendments. </Amend> <Amend>Amendment <NumAm>71</NumAm> <DocAmend>Proposal for a directive</DocAmend> <Article>Article 8 – paragraph 1</Article> Text proposed by the Commission Amendment 1. 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. 1. 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 justified by a public interest objective and proportionate. <TitreJust>Justification</TitreJust> This amendment is needed in view of the internal logic of the text and because the amendment is inextricably linked to other admissible amendments. <Amend>Amendment <NumAm>72</NumAm> <DocAmend>Proposal for a directive</DocAmend> <Article>Article 8 – paragraph 2</Article> Text proposed by the Commission Amendment 2. In Member States where licences are used, Member States shall ensure that standard licences for the re-use of public 2. Where the re-use of documents is subjected to conditions or a licence, Member States shall:
datasets from these categories, among the documents to which this Directive applies, together with the conditions and modalities of their publication and re-use. </Amend> <NumAm>80</NumAm> <DocAmend>Proposal for a directive</DocAmend> <Article>Article 13 – paragraph 2</Article> Text proposed by the Commission Amendment 2. These datasets shall be available for free, machine-readable and accessible via APIs. The conditions for re-use shall be compatible with open standard licences. deleted </Amend> <NumAm>81</NumAm> <DocAmend>Proposal for a directive</DocAmend> <Article>Article 13 – paragraph 3</Article> Text proposed by the Commission Amendment 3. 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(7) shows that making the datasets available for free will lead to a considerable distortion of competition in the respective markets. 3. 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(7) 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. </Amend>
public sector bodies and public undertakings make their documents available in any pre-existing format or language, and, where possible and appropriate, in open and machine-readable format together with their metadata. Both the format and the metadata shall, where possible, comply with formal open standards. public sector bodies and public undertakings shall make their documents available, interoperable, readily findable, re-usable by electronic means, in any format or language, and, where possible and appropriate, in open and machine-readable format together with their metadata. Both the format and the metadata shall, where possible, comply with formal open standards. <TitreJust>Justification</TitreJust> This amendment is needed for the internal logic of the text as it inextricably relates to other admissible amendments. </Amend> <Amend>Amendment <NumAm>14</NumAm> <DocAmend>Proposal for a directive</DocAmend> <Article>Article 6 – paragraph 2 – point a a (new)</Article> Text proposed by the Commission Amendment (aa) documents for which the public sector body concerned is required, under national law, or in the absence thereof, under common administrative practice in the Member Stated concerned, to generate sufficient revenue to cover a substantial part of the costs - at least 60% - relating to their collection, production, reproduction and dissemination; <TitreJust>Justification</TitreJust> This amendment is needed for the internal logic of the text as it inextricably relates to other admissible amendments. </Amend> <Amend>Amendment <NumAm>15</NumAm> <DocAmend>Proposal for a directive</DocAmend> <Article>Article 6 – paragraph 5</Article> Text proposed by the Commission Amendment 5. The re-use of high value datasets, the list of which shall be defined in 5. The re-use of high value datasets, the list of which shall be defined in
<TitreJust>Justification</TitreJust> We support the proposed changes made in the IMCO Opinion, with an addition to reflect the points made above. </Amend> <Amend>Amendment <NumAm>20</NumAm> <DocAmend>Proposal for a directive</DocAmend> <Article>Annex I a (new)</Article> Text proposed by the Commission Amendment Annex Ia List of High Datasets National law, including legislative, regulatory and administrative measures; Draft measures, including procedural information related to their adoption; Measures which have been amended, repealed or are no longer in force; Accompanying documents, such as explanatory statements, impact assessments, opinions of advisory bodies and voting records. <TitreJust>Justification</TitreJust> This amendment is needed for the internal logic of the text as it inextricably relates to other admissible amendments. </Amend> </RepeatBlock-Amend> PROCEDURE – COMMITTEE ASKED FOR OPINION Title Re-use of public sector information (recast) References COM(2018)0234 – C8-0169/2018 – 2018/0111(COD) Committee responsible Date announced in plenary ITRE 28.5.2018 Opinion by Date announced in plenary CULT 28.5.2018 Rapporteur Date appointed Theodoros Zagorakis 1.6.2018
Text proposed by the Commission Amendment Proposal for a Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the re-use of public sector information (recast) on Open Data and the re-use of public sector information (recast) <TitreJust>Justification</TitreJust> Whereas when Directive 2003/98/EC was adopted, the term Open Data wasn’t widely known, the situation today is different. ‘Open Data’ as a term is broadly used by the Commission in its communication (for example, on the Commission’s European Data Portal), and also in the explanatory memorandum to this Directive. The term is widely understood and describes to a wider audience the idea behind the technical term “re-use of public sector information”. </Amend> <Amend>Amendment <NumAm>2</NumAm> <DocAmend>Proposal for a directive</DocAmend> <Article>Recital 3</Article> Text proposed by the Commission Amendment (3) Following the stakeholder consultation and in the light of the Impact Assessment30 results, the Commission considered that action at Union level was necessary in order to address the remaining and emerging barriers to a wide re-use of public sector and publicly-funded information across the Union and to bring the legislative framework up to date with the advances in digital technologies, such as Artificial Intelligence and the Internet of Things. (3) Following the stakeholder consultation and in the light of the Impact Assessment30 results, the Commission considered that action at Union level was necessary in order to address the remaining and emerging barriers to a wide re-use of public sector and publicly-funded information across the Union and to bring the legislative framework up to date with the advances in digital technologies, such as Artificial Intelligence and the Internet of Things, High Performance Cloud Computing and Quantum Technology. Open-source data sets will contribute to rapidly progress and create a new strategy to embrace new digital technologies, especially Artificial Intelligence. _________________ _________________ 30 SWD(2018) 127. 30 SWD(2018) 127. </Amend> <Amend>Amendment <NumAm>3</NumAm>
<Article>Article 1 – paragraph 2 – g</Article> Text proposed by the Commission Amendment (g) documents access to which is excluded or restricted by virtue of the access regimes on the grounds of protection of personal data, and parts of documents accessible by virtue of those regimes which contain personal data the of which has been defined by law as being incompatible with the law concerning the protection of individuals with regard to the processing of personal data; (g) documents or parts of documents access to which is excluded or restricted by access regimes on the grounds of protection of personal data, or which contain personal data the re-use of which could undermine the protection of privacy and integrity of the individual, in particular in accordance with Union legislation regarding the protection of personal data; <TitreJust>Justification</TitreJust> This amendment follows the EDPS opinion. It is necessary to ensure coherence between this Directive and other Union legislation. </Amend> <Amend>Amendment <NumAm>26</NumAm> <DocAmend>Proposal for a directive</DocAmend> <Article>Article 1 – paragraph 2 – point k a (new)</Article> Text proposed by the Commission Amendment (ka) documents access to which is restricted by virtue of the access regimes in the Member States, including cases whereby access is restricted or excluded in order to ensure the security of the network and information systems pursuant to Directive 2016/1148; <TitreJust>Justification</TitreJust> Necessary for pressing reasons related to the internal logic of the proposal, legal consistency with other instruments of EU law and national law applicable. <Amend>Amendment <NumAm>27</NumAm> <DocAmend>Proposal for a directive</DocAmend> <Article>Article 1 – paragraph 2 – point k b (new)</Article>
<TitreJust>Justification</TitreJust> Necessary for pressing reasons related to the internal logic of the text in order to ensure its legal consistency. Current PSI Directive 2003/98/EC contains this definition which should be kept. </Amend> <Amend>Amendment <NumAm>30</NumAm> <DocAmend>Proposal for a directive</DocAmend> <Article>Article 2 – paragraph 1 – point 5 b (new)</Article> Text proposed by the Commission Amendment 5b. ‘anonymous information’ or ‘anonymised information’ means information which does not relate to an identified or identifiable natural person or personal data rendered anonymous in such a manner that the data subject is not or no longer identifiable; <TitreJust>Justification</TitreJust> Needed to ensure legal consistency and avoid other interpretations of the notion of personal data different from the one included in the GDPR. Current PSI Directive 2003/98/EC contains this definition which should be kept. </Amend> <NumAm>31</NumAm> <DocAmend>Proposal for a directive</DocAmend> <Article>Article 3 – paragraph 1</Article> Text proposed by the Commission Amendment 1. Subject to paragraph 2 Member States shall ensure that documents to which this Directive applies in accordance with Article 1 shall be re-usable for commercial or non-commercial purposes in accordance with the conditions set out in Chapters III and IV. 1. Subject to paragraph 2 Member States shall ensure that documents to which this Directive applies in accordance with Article 1 shall be given access to and for commercial or non-commercial purposes in accordance with the conditions set out in Chapters III and IV. <TitreJust>Justification</TitreJust> Although the re-use of information requires that it be made available for access, this requirement is missing from the recast. These amendments seek to establish basic requirements for the access to information related to its re-use. Therefore this amendment is