Directive%28EU%29%202019-1024.pdf

DIRECTIVE (EU) 2019/1024 OF THE EUR OPEAN P ARLIAMENT AND OF THE COUNCIL of 20 June 2019 on open data and the re-use of public sect or inf or mation (recast ) THE EUR OPEAN P ARLIAMENT AND THE COUNCIL OF THE EUR OPEAN UNION, Ha ving regar d to the T reaty on the Functioning of the European Union, and in par ticular Ar ticle 114 thereof, Ha ving regar d to the proposal from the European Commission, Af ter transmission of the draf t legislative act to the national parliaments, Ha ving regar d to the opinion of the European Economic and Social Committ ee ( 1 ), Af ter consulting the Committ ee of the Regions, A cting in accordance with the ordinar y legislative procedure ( 2 ), Whereas: (1) Directive 2003/98/EC of the European Parliament and of the Council ( 3 ) has been substantially amended. Since fur ther amendments are to be made, that Directive should be recast in the inte rests of clar ity . (2) Pursuant to Ar ticle 13 of Directive 2003/98/EC and fi ve y ears af ter the adopt ion of Directive 2013/37/EU of the European P arliament and of the Council ( 4 ), whic h amended Directive 2003/98/EC, the Commission, af ter consulting the relevant stak eholders, evaluated and reviewed the functioning of Directive 2003/98/EC in the framew ork of a regulatory f itness and performa nce programme. (3) Followin g the stakeholder consultation and in the light of the result of the impact assessment, the Commission considered that action at Uni on level was necessar y in order to address the remaining and emerging bar r iers to a wide re-use of public sector and publicly funded inf or mation across the U nion, in order to br ing the legislative framew ork up to date with the advances in digital tec hnologies and to fur ther stimulate digital innovation, especially with regar d to ar tificial inte lligence. (4) The substantive c hanges introduced to the legal text so as to fully exploit the poten tial of public sector inf or mation f or the European econom y and society should f ocus on the f ollowi ng areas: the provis ion of real- time access to dynamic data via adequate tec hnical means, the increase of the supply of valuable public data f or re-use, including from public under takings, research perf or ming org anisations and researc h funding organisations, the tackling of the emergence of new f or ms of excl usive ar rang ements, the use of excep tions to the pr inciple of c harging the marginal cost and the relationship between this Directive and cer tain related leg al instr uments, including Regulation (EU) 2016/679 of the European P arliament and of the Council ( 5 ) and Directives 96/9/EC ( 6 ), 2003/4/EC ( 7 ) and 2007/2/EC ( 8 ) of the European P arliament and of the Council. 26.6.2019 L 172/56 Official Jour nal of the European Union EN
( 1 ) OJ C 62, 15.2.2019, p. 238. ( 2 ) P osition of the European P arliament of 4 Apr il 2019 (not yet published in the Official Jour nal) and Decision of the Council of 6 June 2019. ( 3 ) Directive 2003/98/EC of the European Parliament and of the Council of 17 November 2003 on the re-use of public sector inf or mation (OJ L 345, 31.12.2003, p. 90). ( 4 ) Directive 2013/37/EU of the European Parliament and of the Council of 26 June 2013 amending Directive 2003/98/EC on the re-use of public secto r inf or mation (OJ L 175, 27.6.2013, p. 1). ( 5 ) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 Apr il 2016 on the prot ection of natural persons with regar d t o the processing of personal data and on the free mov ement of such data, and repealing Directive 95/46/EC (General Data Prot ection Regulation) (OJ L 119, 4.5.2016, p. 1). ( 6 ) Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal prot ection of databases (OJ L 77, 27.3.1996, p. 20). ( 7 ) Directive 2003/4/EC of the European P arliament and of the Council of 28 Januar y 2003 on public access to envi ronmental inf or mation and repealing Council Directive 90/313/EEC (OJ L 41, 14.2.2003, p. 26). ( 8 ) Directive 2007/2/EC of the European Parliament and of the Council of 14 March 2007 establishing an Infrastr ucture f or Spatial Inf or mation in the European Community (INSPIRE) (OJ L 108, 25.4.2007, p. 1). (5) A ccess to inf or mation is a fundamental r ight. The Char ter of Fundamental Rights of the European U nion (Char ter ) pro vides that ever y one has the r ight to freedom of expression, including the freedom to hold opinions and to receive and impar t inf or mation and ideas without interfe rence by public author ity and regar dless of frontiers. (6) Ar ticle 8 of the Char te r guarant ees the r ight to the prote ction of personal data and provid es that such data must be processed f airly f or specified pur poses and on the basis of the consent of the person concer ned or some other legitimate basis laid down by law , and subject to control by an independent author ity . (7) The T reaty on the Functioning of the European U nion (TFEU) provides f or the establishment of an inte r nal mark et and of a syste m ensur ing that competition in the internal market is not distor ted. Har monisation of the r ules and practices in the Member States relating to the exploitation of public sector inf or mation contr ibutes to the achi evement of those objectives. (8) The public sect or in Member States collects, produces, reproduces and disseminate s a wide range of inf or mation in many areas of activity , such as social, political, economic, legal, geographical, envi ronmental, met eorological, seismic, tour istic, business, patent-re lated and educational areas. Documents produced by public sector bodies of the executive, legislature or judiciar y constitute a vast, diverse and valuable pool of resources that can benefi t society . Prov iding that inf or mation, which includes dynamic data, in a commonly used electronic f or mat allo ws citizens and leg al entities to fi nd new wa ys to use them and create new , inno vative products and ser vices. Member Stat es and public sector bodies ma y be able to benefit from and receive adequate fi nancial suppor t from relevant U nion funds and programmes, ensur ing a wide use of digital te chnologies or the digital transf or mation of public administrations and public ser vices, in their eff or ts to mak e data easily available f or re-use. (9) Public sector inf or mation represents an extraordinar y source of data that can contr ibut e to im proving the internal mark et and to the development of new applications f or consumers and lega l entities. Int elligent data usag e, including their processing through ar tif icial inte lligence applications, can have a transf or mative effect on all sect ors of the econom y . (10) Directive 2003/98/EC established a set of minimum r ules governing the re-use and the practical ar range ments f or f acilitating re-use of existing documents held by public sect or bodies of the Member Stat es, including executi ve, legislative and judicial bodies. Since the adoption of the first set of r ules on re-use of public sector inf or mation, the amount of data in the w orld, including public data, has increased exponentially and new types of data are being g enerated and collect ed. In parallel, there is a continuous ev olution in tec hnologies f or analysis, exploitation and processing of data, such as machine lear ning, ar tificial intellig ence and the intern et of things. That rapid tec hnological ev olution makes it possible to create new ser vices and new applications, whic h are built upon the use, aggreg ation or combination of data. The r ules or iginally adopt ed in 2003, and amended in 2013, no longer kee p pace with those rapid chang es, and as a result, the economic and social oppor tunities offered by the re-use of public data r isk being missed. (11) The evolution to wards a data-based society , where data from differ ent domains and activities are used, inf luences the life of ever y citizen in the U nion, inter alia, by enabling them to ga in new wa ys of accessing and acquir ing kno wledge. (12) Digital content pla ys an im por tant role in that ev olution. Content production has given r ise to rapid job creation in recent ye ars and continues to do so. Most of those jobs are creat ed by innovati ve star t-ups and small and medium-sized ent er pr ises (SMEs). (13) One of the pr incipal aims of the establishment of an inte r nal mark et is the creation of conditions conducive to the development of ser vices and products Union-wide and within Member State s. Public sect or inf or mation or inf or mation collected, produced, reproduced, and disseminated within the exercise of a public task or a ser vice of g eneral inter est, is an impor tant pr imar y mater ial f or digital conte nt products and ser vices and will become an 26.6.2019 L 172/57 Official Jour nal of the European Union EN
even more im por tant content resource with the development of advanced digital tec hnologies, such as ar tif icial intelli gence, distr ibut ed ledger tec hnologies and the intern et of things. Broad, cross-border geographical coverag e will also be essential in that context. Increased possibilities of re-using such inf or mation is expect ed, inter alia, to allo w all U nion businesses, including microent er pr ises and SMEs, as well as civil society , to exploit its poten tial and contr ibut e to economic development and high-quality job creation and prot ection, especially f or the benefit of local communities, and to impor tant societal goals such as accountability and transparency . (14) Allowi ng the re-use of documents held by a public sector body adds value f or the benefit of re-users, end users and society in general and in many cases f or the benefit of the public sector body itself, by promoting transparency and accountability and by providing feedbac k from re-users and end users, which allo ws the public sector body concer ned to impro ve the quality of the inf or mation collected and the perf or mance of its tasks. (15) There are considerable diffe rences in the r ules and practices in the Member Stat es relating to the exploitation of public sector inf or mation resources, which constitute bar r iers to br inging out the full economic poten tial of that ke y document resource. The f act that practice in public sect or bodies in exploiting public sector inf or mation continues to var y among Member State s should be tak en into account. Minimum har monisation of national r ules and practices on the re-use of public sector documents should theref ore be pursued where the differences in national regulations and practices or the absence of clar ity hinder the smooth functioning of the inte r nal mark et and the proper development of the inf or mation society in the U nion. (16) Open data as a concept is generally underst ood to denote data in an open f or mat that can be freely used, re-used and shared by any one f or any pur pose. Open data policies whic h encourag e the wide av ailability and re-use of public sector inf or mation f or pr ivate or commercial pur poses, with minimal or no leg al, tec hnical or financia l constraints, and whic h promote the circulation of inf or mation not only f or economic operat ors but pr imar ily f or the public, can pla y an impor tant role in promoting social enga gement, and kick -star t and promot e the development of new ser vices based on novel wa ys to combine and make use of such inf or mation. Member Stat es are theref ore encourage d to promote the creation of data based on the pr inciple of ‘open by design and by default’ , with regar d to all documents falling within the scope of this Directive. In doing so they should ensure a consistent level of protect ion of public interest objectives, such as public secur ity , including where sensitive cr itical infrastr ucture protection relat ed inf or mation are concer ned. They should also ensure the protection of personal data, including where inf or mation in an individual data set does not present a r isk of identifying or sing ling out a natural person, but when that inf or mation is combined with other av ailable inf or mation, it could entail such a r isk. (17) Moreover , without minimum har monisation at U nion level, legislative activity at national level, which has already been initiat ed in a number of Member States in order to respond to the tec hnological c hallenges , might result in even more signif icant diverg ence. The im pact of such legislative diverge nce and uncer tainties will become more significant with the fur ther development of the inf or mation society , which has already greatly increased cross- border exploitation of inf or mation. (18) Member Stat es hav e established re-use policies under Directive 2003/98/EC and some of them hav e been adopt ing ambitious open data approac hes to mak e the re-use of accessible public data easier f or citizens and legal entities bey ond the minimum level set by that Directive. There is a r isk that diverging r ules across Member Stat es act as a bar r ier to the cross-border offer of products and ser vices and prevent compar able public data sets from being re-usable f or pan-Union applications based on them. Theref ore, minimum har monisation is required to det er mine what public data are available f or re-use in the intern al inf or mation mark et, consiste nt with and not aff ecting the relevant access regimes, both general and sector al, such as that defined in Directive 2003/4/EC. The provis ions of U nion and national la w that go bey ond those minimum requirements, in par ticular in cases of sector al la w , should continue to apply . Examples of provis ions that excee d the minimum har monisation level of this Directive include lo wer thresholds f or per missible c harges f or re-use than the thresholds pro vided f or in this Directive or less restr ictive licensing term s than those refer red to in this Directive. In par ticular , this Directive is without prejudice to provi sions that exceed the minimum har monisation level of this Directive as laid down in Commission delegat ed regulations adopt ed under Directive 2010/40/EU of the European Parliament and of the Council ( 9 ). 26.6.2019 L 172/58 Official Jour nal of the European Union EN
( 9 ) Directive 2010/40/EU of the European Parliament and of the Council of 7 July 2010 on the framewo rk f or the deplo yment of Int elligent T ranspor t Systems in the field of road transpor t and f or interfac es with other modes of transpor t (OJ L 207, 6.8.2010, p. 1). (19) Moreover , Member States are encourag ed to go bey ond the minimum requirements set out in this Directive by applying its requirements to documents held by public under takings, which are relat ed to activities that hav e been f ound, pursuant to Ar ticle 34 of Directive 2014/25/EU of the European P arliament and of the Council ( 10 ), to be directly exposed to competiti on. Member States ma y also decide to apply the requirements of this Directive to pr ivate under takings, in par ticular those that provid e ser vices of g eneral inter est. (20) A g eneral framew ork f or the conditions govern ing re-use of public sector documents is needed in order to ensure f air , propor tionate and non-discr iminato r y conditions f or the re-use of such inf or mation. Public sector bodies collect, produce, reproduce and disseminate documents to fulfil their public tasks. Public under takings collect, produce, reproduce and disseminate documents to provide ser vices in the general inter est. Use of such documents f or other reasons constitutes re-use. Member States' policies can go bey ond the minimum standards established in this Directive, thus allo wing f or more extensive re-use. When transposing this Directive, Member Stat es can use term s other than ‘document’, provided that the y retain the full scope of the definition of ‘document’ set out in this Directive. (21) This Directive should apply to documents the supply of which f or ms par t of the public tasks of the public sector bodies concer ned, as def ined by la w or by other binding r ules in the Member States. In the absence of such r ules the public tasks should be def ined in accordance with common administrative practice in the Member Stat es, provid ed that the scope of the public tasks is transparent and subject to review . The public tasks could be defined g enerally or on a case-by-case basis f or individual public sector bodies. (22) This Directive should apply to documents that are made accessible f or re-use when public sector bodies license, sell, disseminate, exc hang e or pro vide inf or mation. T o av oid cross-subsidies, re-use should include fur ther use of documents within the org anisation itself f or activities falling outside the scope of its public tasks. A ctivities f alling outside the public task typically include supply of documents that are produced and c harged f or exclusively on a commercial basis and in competition with others in the mark et. (23) This Directive does not restr ict or impair the performa nce of the statutor y tasks of public author ities and other public sect or bodies. This Directive la ys down an obligation f or Member States to make all existing documents re- usable unless access is restr icted or excluded under national r ules on access to documents or subject to the other excep tions laid down in this Directive. This Directive builds on the existing access regimes in the Member Stat es and does not c hange the national r ules f or access to documents. It does not apply to cases in which citizens or leg al entities can, under the relevant access regime, obtain a document only if the y can prove a par ticular interest. A t Uni on level, Ar ticle 41 on the r ight to good administration and Ar ticle 42 on the r ight of access to documents in the Char ter recognise the r ight of an y citizen of the U nion and any natural or legal person residing or hav ing its registered office in a Member State to have access to documents held by the European P arliament, the Council and the Commission. Public sector bodies should be encourag ed to mak e av ailable f or re-use any documents held by them. Public sect or 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 r ight to author ise their re-use. (24) Member Stat es of ten entr ust the provision of ser vices in the ge neral interest with entities outside of the public sector while maintaining a high degree of control o ver such entities. A t the same time, Directive 2003/98/EC applies only to documents held by public sector bodies, while excl uding public under takings from its scope. This leads to poor availability f or re-use of documents produced in the performa nce of ser vices in the ge neral inter est in a number of areas, in par ticular in the utility sect ors. It also greatly reduces the poten tial f or the creation of cross-border ser vices based on documents held by public under takings that provid e ser vices in the g eneral inter est. (25) Directive 2003/98/EC should theref ore be amended in order to ensure that it can be applied to the re-use of existing documents produced in the performa nce of ser vices in the g eneral inter est by public under takings pursuing one of the activities refer red to in Ar ticles 8 to 14 of Directive 2014/25/EU, as well as by public 26.6.2019 L 172/59 Official Jour nal of the European Union EN
( 10 ) Directive 2014/25/EU of the European Parliament and of the Council of 26 Febr uar y 2014 on procurement by entities operating in the wat er , energy , transpor t and postal ser vices sectors and repealing Directive 2004/17/EC (OJ L 94, 28.3.2014, p. 243). under takings acting as public ser vice operators pursuant to Ar ticle 2 of Regulation (EC) No 1370/2007 of the European Parliament and of the Council ( 11 ), public under takings acting as air car r iers fulfilling public ser vice oblig ations pursuant to Ar ticle 16 of Regulation (EC) No 1008/2008 of the European P arliament and of the Council ( 12 ), and public under takings acting as Community shipo wners fulf illing public ser vice oblig ations pursuant to Ar ticle 4 of Council Regulation (EEC) No 3577/92 ( 13 ). (26) This Directive does not contain a g eneral oblig ation to allow the re-use of documents produced by public under takings. The decision whether or not to author ise re-use should remain with the public under taking concer ned, excep t where other wise required by this Directive or by U nion or national la w . Only af ter the public under taking has made a document av ailable f or re-use, should it obser ve the relevant oblig ations laid down in Chapt ers III and IV of this Directive, in par ticular as regards f or mat, c harging, transparency , licences, non-dis ­ cr imination and prohibition of exclusive ar rangements. On the other hand, public under takings should not be required to compl y with the requirements laid down in Chapt er II, such as the r ules applicable to processing of requests. When allowing the re-use of documents, par ticular attenti on should be given to sensitive cr itical infrastr ucture protect ion relat ed inf or mation as def ined in Council Directive 2008/114/EC ( 14 ) and of essential ser vices within the meaning of Directive (EU) 2016/1148 of the European Parliament and of the Council ( 15 ). (27) The volume of research data generat ed is gro wing exponentially and has poten tial f or re-use bey ond the scientifi c community . In order to be able to address mounting societal challeng es efficiently and in a holistic manner , it has become cr ucial and urg ent to be able to access, blend and re-use data from diffe rent sources, as well as across sector s and disciplines. Research data includes statistics, results of exper iments, measurements, obser vations resulting from fi eldwor k , sur ve y results, inter view recordings and images. It also includes meta-data, specifi cations and other digital objects. Research data is diffe rent from scientifi c ar ticles repor ting and commenting on findings resulting from their scientific research. For man y y ears, the open ava ilability and re-usability of scientific research data stem ming from public funding has been subject to specifi c policy initiatives. Open access is underst ood as the practice of provi ding online access to researc h outputs free of c harge f or the end user and without restr ictions on use and re-use bey ond the possibility to require ackno wledgeme nt of authorship. Open access policies aim in par ticular to provide researchers and the public at larg e with access to researc h data as early as possible in the dissemination process and to f acilitate its use and re-use. Open access helps enhance quality , reduce the need f or unnecessar y duplication of research , speed up scientifi c progress, combat scientifi c fraud, and it can o verall fa vour economic growth and innovation. Beside open access, commendable eff or ts are being made to ensure that data manag ement planning becomes a standard scientific practice and to suppor t the dissemination of research data that are fi ndable, accessible, interoperable and re-usable (the F AIR pr inciple). (28) For the reasons explained abov e, it is appropr iat e to set an oblig ation on Member State s to adopt open access policies with respect to publicly funded research data and ensure that such policies are imp lemented by all research performi ng org anisations and research funding org anisations. Research performin g organisati ons and research funding org anisations could also be org anised as public sect or bodies or public under takings. This Directive applies to such hy br id organisations only in their capacity as researc h perf or ming orga nisations and to their research data. Open access policies typically allo w f or a range of exce ptions from making scientifi c research results openly available. The Commission Recommendation of 25 Apr il 2018 on access to and preser vation of scientific inf or mation descr ibes, among other things, relevant elements of open access policies. A dditionally , the conditions, under whic h cer tain researc h data can be re-used, should be im proved. For that reason, cer tain oblig ations ste mming from this Directive should be extended to researc h data resulting from scientific research activities subsidised by public funding or co-funded by public and pr ivate -sector entities. Under the national open access policies, publicly funded research data should be made open as the default option. Ho wever , in this 26.6.2019 L 172/60 Official Jour nal of the European Union EN
( 11 ) Regulation (EC) No 1370/2007 of the European P arliament and of the Council of 23 October 2007 on public passenger transpor t ser vices b y rail and by road and repealing Council Regulations (EEC) Nos 1191/69 and 1107/70 (OJ L 315, 3.12.2007, p. 1). ( 12 ) Regulation (EC) No 1008/2008 of the European P arliament and of the Council of 24 Sep tember 2008 on common r ules f or the operation of air ser vices in the Community (OJ L 293, 31.10.2008, p. 3). ( 13 ) Council Regulation (EEC) No 3577/92 of 7 December 1992 applying the pr inciple of freedom to provide ser vices to mar itime transpor t within Member States (mar itime cabotage) (OJ L 364, 12.12.1992, p. 7). ( 14 ) Council Directive 2008/114/EC of 8 December 2008 on the identifica tion and designation of European cr itical infrastr uctures and the assessment of the need to impro ve their protection (OJ L 345, 23.12.2008, p. 75). ( 15 ) Directive (EU) 2016/1148 of the European P arliament and of the Council of 6 July 2016 concer ning measures f or a high common level of secur ity of network and inf or mation systems across the Union (OJ L 194, 19.7.2016, p. 1). cont ext, concer ns in relation to pr ivacy , protect ion of personal data, conf identiality , national secur ity , legitimate commercial inter ests, such as trade secrets, and to intellectual proper ty r ights of third par ties should be duly take n into account, according to the pr inciple ‘as open as possible, as closed as necessar y’. Moreover , research data which are excl uded from access on grounds of national secur ity , def ence or public secur ity should not be co vered by this Directive. In order to av oid any administrative burden, oblig ations stemming from this Directive should apply only to such research data that hav e already been made publicly ava ilable by research ers, research performin g org anisations or research funding org anisations through an institutional or subject-based repository and should not im pose extra costs f or the retr ieval of the datasets or require additional curation of data. Member Stat es ma y extend the application of this Directive to research data made publicly available through other data infrastr uctures than repositori es, through open access publications, as an attached fil e to an ar ticle, a data paper or a paper in a data jour nal. Documents other than research data should continue to be exem pt from the scope of this Directive. (29) The definition of ‘public sector body’ is based on the def inition in point (1) of Ar ticle 2(1) of Directive 2014/24/EU of the European P arliament and of the Council ( 16 ). The def inition of ‘body governed by public la w’ set out in that Directive and the definition of ‘public under taking’ set out in Directive 2014/25/EU should apply to this Directive. (30) This Directive la ys down the definition of the te r m ‘document’ and that definition should include any par t of a document. The term ‘document’ should co ver an y representation of acts, fa cts or inf or mation — and an y compi lation of such acts, f acts or inf or mation — what ever its medium (paper , or electronic f or m or as a sound, visual or audio visual recording). The def inition of ‘document’ is not intended to co ver comput er programmes. Member Stat es ma y extend the application of this Directive to comput er programmes. (31) Public sector bodies are increasing ly making their documents av ailable f or re-use in a proactive manner , by ensur ing online disco verability and actual availability of documents and associated metadata in an open f or mat that can be machi ne-readable and that ensure inter operability , re-use and accessibility . Documents should also be made available f or re-use f ollowing a request lodg ed by a re-user . In those cases, the time limit f or replying to requests f or re-use should be reasonable and in accordance with the equivalent time f or requests to access the document under the relevant access regimes. Public under takings, educational establishments, research performin g org anisations and research funding organisations should however be exe mp t from that requirement. Reasonable time limits throughout the U nion will stimulate the creation of new aggregat ed inf or mation products and ser vices at pan-Un ion level. This is par ticularly im por tant f or dynamic data (including en vironmental, traffic, sate llite, mete orological and sensor g enerated data), the economic value of whic h depends on the immediate av ailability of the inf or mation and of regular updat es. Dynamic data should theref ore be made available immediate ly af te r collection, or in the case of a manual updat e immediately af ter the modification of the dataset, via an application programming inte r f ace (API) so as to f acilitate the development of internet, mobile and cloud applications based on such data. Where this is not possible due to tec hnical or financial constraints, public sect or bodies should make the documents ava ilable in a timeframe that allo ws their full economic poten tial to be exploit ed. Specific measures should be taken in order to lif t relevant tec hnical and fi nancial constraints. Should a licence be used, the timely availability of documents ma y be a par t of the term s of the licence. Where data ver if ication is essential in the light of justified public inte rest reasons, in par ticular f or public health and safet y , dynamic data should be made available immediately af ter ver ification. Such essential ver ification should not aff ect the frequency of the updat es. (32) In order to get access to the data opened f or re-use by this Directive, it w ould be useful to ensure access to dynamic data through well-designed APIs. An API is a set of functions, procedures, definit ions and prot ocols f or machi ne-t o-machine communication and the seamless exc hange of data. APIs should be suppor te d by clear tec hnical documentation that is compl ete and av ailable online. Where possible, open APIs should be used. U nion or inte r nationally recognised standard protocols should be applied and internati onal standards f or datasets should be used where applicable. APIs can have differ ent levels of compl exity and can mean a sim ple link to a database to retr ieve specific datasets, a web interface , or more compl ex set-ups. There is ge neral value in re-using and shar ing data via a suitable use of APIs as this will help developers and star t-ups to create new ser vices and products. It is also a cr ucial ingredient of creating valuable ecosystems around data assets that are of ten unused. The set-up and use of API needs to be based on several pr inciples: av ailability , stability , maintenance o ver 26.6.2019 L 172/61 Official Jour nal of the European Union EN
( 16 ) Directive 2014/24/EU of the European Parliament and of the Council of 26 Febr uar y 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65). lifecy cle, unif or mity of use and standards, user -fr iendliness as well as secur ity . For dynamic data, meaning frequently updat ed data, of te n in real time, public sector bodies and public under takings should make this av ailable f or re-use immediat ely af ter collection by wa ys of suitable APIs and, where relevant, as a bulk download, sav e f or cases where this w ould im pose a dispropor tionat e eff or t. Assessment of the propor tionality of the eff or t should take into account the size and operating budget of the public sector body or the public under taking in question. (33) The possibilities f or re-use can be im proved by limiting the need to digitise paper -based documents or to process digital fi les to make them mutually compati ble. Theref ore, public sector bodies should make documents ava ilable in any pre-existing f or mat or language , through electronic means where possible and appropr iat e. Public sector bodies should view requests f or extracts from existing documents f av ourably when to grant such a request would inv olve only a sim ple operation. Public sector bodies should not, howe ver , be obliged to provid e an extract from a document or to modify the f or mat of the request ed inf or mation where this inv olves a dispropor tionate eff or t. T o facilitat e re-use, public sector bodies should make their o wn documents av ailable in a f or mat which, as f ar as possible and appropr iat e, is not dependent on the use of specific sof tware. Where possible and appropr iat e, public sect or bodies should take into account the possibilities f or the re-use of documents by and f or persons with disabilities by provid ing the inf or mation in an accessible f or mat in accordance with the requirements of Directive (EU) 2016/2102 of the European P arliament and of the Council ( 17 ). (34) T o f acilitate re-use, public sector bodies should, where possible and appropr iat e, make documents, including those published on website s, av ailable through an open and machi ne-readable f or mat and tog ether with their metadata, at the best level of precision and granular ity , in a f or mat that ensures inte roperability , f or example by processing them in a wa y consiste nt with the pr inciples governing the compatib ility and usability requirements f or spatial inf or mation under Directive 2007/2/EC. (35) A document should be considered to be in a machi ne-readable f or mat if it is in a file f or mat that is str uctured in such a wa y that sof tware applications can easily identify , recognise and extract specif ic data from it. Data encoded in f iles that are str uctured in a mach ine-readable f or mat should be considered to be machi ne-readable data. A machi ne-readable f or mat can be open or propr ietar y . They can be f or mal standards or not. Documents encoded in a fi le f or mat that limits automa tic processing, because the data cannot, or cannot easily , be extract ed from them, should not be considered to be in a mach ine-readable f or mat. Member State s should, where possible and appropr iate, encourage the use of a Union or intern ationally recognised open, mach ine-readable f or mat. The European interoperability framew ork should be taken into account, where applicable, when designing tec hnical solutions f or the re-use of documents. (36) Charg es f or the re-use of documents constitute an impor tant mark et entr y bar r ier f or star t-ups and SMEs. Documents should theref ore be made av ailable f or re-use free of charg e and, where c harges are necessar y , the y should in pr inciple be limited to the marginal costs. Where public sector bodies car r y out a par ticularly exte nsive searc h f or request ed inf or mation or extremely costly modifi cations of the f or mat of request ed inf or mation, either v oluntar ily or as required under national la w , marginal costs ma y cover the costs associated with such activities. In excep tional cases, the necessity of not hinder ing the nor mal r unning of public sector bodies that are required to g enerate revenue to co ver a substantial par t of their costs relating to the performa nce of their public task s should be take n into consideration. This also applies where a public sect or body has made data av ailable as open data but is oblig ed to ge nerate revenue to co ver a substantial par t of their costs relating to the performa nce of other public tasks. The role of public under takings in a competiti ve economic en vironment should also be ackn o wledged. In such cases, public sect or bodies and public under takings should theref ore be able to c harge abov e marginal costs. Those charg es should be set according to objective, transparent and ver if iable cr it er ia and the total income from supplying and allowing re-use of documents should not exce ed the cost of collection and production, including purc hasing from third par ties, reproduction, maintenanc e, stor age 26.6.2019 L 172/62 Official Jour nal of the European Union EN
( 17 ) Directive (EU) 2016/2102 of the European Parliament and of the Council of 26 October 2016 on the accessibility of the websites and mobile applications of public sector bodies (OJ L 327, 2.12.2016, p. 1). and dissemination, tog ether with a reasonable retur n on inv estment. Where applicable, it should also be possible to include in the eligible cost the costs of anony misation of personal data and costs of measures taken to protect the confidentiality of data. Member Stat es ma y require public sector bodies and public under takings to disclose those costs. The requirement to g enerate revenue to co ver a substantial par t of the public sector bodies' costs relating to the performance of their public tasks or the scope of the ser vices of ge neral interest entr usted with public under takings does not have to be a legal requirement and ma y ste m, f or example, from administrative practices in Member States. Such a requirement should be regularly reviewed by the Member State s. (37) The retur n on inv estment can be understood as a percentage , in addition to marginal costs, allowing f or the recovery of the cost of capital and the inclusion of a real rat e of retur n. As the cost of capital is closely linked to credit institutions' interest rat es, which are themselves based on the fixed rate of the European Central Bank (ECB) on main ref inancing operations, the reasonable retur n on inv estment should not be more than 5 % above the ECB's fixed inter est rate. (38) Librar ies, including university librar ies, museums and arc hives should be able to c harge abov e marginal costs in order not to hinder their nor mal r unning. In the case of such public sector bodies, the total income from supplying and allo wing re-use of documents over the appropr iat e accounting per iod should not exceed the cost of collection, production, reproduction, dissemination, preser vation and r ights clearance, tog ether with a reasonable retur n on inve stment. Where applicable, the costs of anony misation of personal data or of commercially sensitive inf or mation should also be included in the eligible cost. For the pur pose of librar ies, including university librar ies, museums and arch ives, and bear ing in mind their par ticular ities, the pr ices c harged by the pr ivat e sect or f or the re-use of identical or similar documents could be considered when calculating a reasonable retur n on investment. (39) The upper limits f or charg es set in this Directive are without prejudice to the r ight of Member State s to apply lo wer charg es or no charg es at all. (40) Member State s should la y down the cr it er ia f or charging abov e marginal costs. For example, they should be able to la y down such cr iter ia in national r ules or to designate an appropr iate body or appropr iat e bodies, other than the public sector body itself, compe tent to la y down such cr it er ia. That body should be organised in accordance with the constitutional and leg al system s of the Member States. It could be an existing body with budget ar y executi ve po wers and under political responsibility . (41) Ensur ing that the conditions f or re-use of public sector documents are clear and publicly available is a pre- condition f or the development of a Union-wide inf or mation mark et. Theref ore, all applicable conditions f or the re-use of documents should be made clear to the poten tial re-users. Member Stat es should encourage the creation of indices accessible on line, where appropr iate, of available documents so as to promot e and facilitat e requests f or re-use. Applicants f or re-use of documents held by entities other than public under takings, educational establishments, research perf or ming orga nisations and research funding organisations should be inf or med of av ailable means of redress relating to decisions or practices aff ecting them. This will be par ticularly im por tant f or star t-ups and SMEs, whic h ma y not be familiar with inter actions with public sector bodies from other Member Stat es and cor responding means of redress. (42) The means of redress should include the possibility of review by an imp ar tial review body . That body could be an already existing national author ity , such as the national competiti on author ity , the super visor y author ity established in accordance with Regulation (EU) 2016/679, the national access to documents author ity or a national judicial author ity . That body should be org anised in accordance with the constitutional and legal system s of Member Stat es. Recourse to that body should not pre-emp t an y means of redress other wise available to applicants f or re-use. It should however be distinct from the Member Stat e mechanis m la ying down the cr ite r ia f or c harging above marginal costs. The means of redress should include the possibility of review of nega tive decisions but also of decisions which, although per mitting re-use, could still affect applicants on other grounds, in par ticular by the c harging r ules applied. The review process should be swif t, in accordance with the needs of a rapidly c hanging mark et. (43) Making public all ge nerally available documents held by the public sector — concer ning not only the political process but also the leg al and administrative process — is a fundamental instr ument f or extending the r ight to kno wledge, which is a basic pr inciple of democracy . That objective is applicable to institutions at ever y level, be it local, national or inte r national. 26.6.2019 L 172/63 Official Jour nal of the European Union EN
(44) The re-use of documents should not be subject to conditions. However , in some cases justified by a public inter est objective, a licence ma y be issued im posing conditions on the re-use by the licensee dealing with issues such as liability , the prot ection of personal data, the proper use of documents, guarant eeing non-alt eration and the ackno wledgement of source. If public sector bodies license documents f or re-use, the licence conditions should be objective, propor tionate and non-discr iminato r y . Standard licences that are ava ilable online ma y also pla y an impor tant role in this respect. Theref ore Member State s should provid e f or the availabi lity of standard licences. Any licences f or the re-use of public sector inf or mation should, in any event, place as fe w restr ictions on re-use as possible, f or example limiting restr ictions to an indication of source. Open licences in the f or m of standardised public licences av ailable online whic h allo w data and content to be freely accessed, used, modified and shared by an y one f or any pur pose, and which rely on open data f or mats, should pla y an im por tant role in this respect. Theref ore, Member Stat es should encourag e the use of open licences that should eventually become common practice across the Union. Without prejudice to liability requirements laid down in U nion or national la w where a public sector body or a public under taking makes documents ava ilable f or re-use without any other conditions or restr ictions, that public sector body or public under taking ma y be allowed to waive all liability with regar ds to the documents made av ailable f or re-use. (45) If the compet ent author ity decides no long er to make available cer tain documents f or re-use, or to cease updating those documents, it should mak e those decisions publicly known, at the earliest oppor tunity , by electronic means where possible. (46) Conditions f or re-use should be non-discr iminato r y f or compar able catego r ies of re-use. In that regar d, the prohibition of discr imination should not, f or example, prevent the exc hang e of inf or mation between public sector bodies free of c harge f or the exercise of public task s, whilst other par ties are charg ed f or re-use of the same documents. Neither should it prevent the adoption of a differentiat ed c harging policy f or commercial and non-commercial re-use. (47) Member States should in par ticular ensure that re-use of documents of public under takings does not lead to mark et distor tion and that f air competition is not under mined. (48) Public sector bodies should compl y with U nion and national competition r ules when establishing the pr inciples f or re-use of documents av oiding as far as possible excl usive agreements between themselves and pr ivate par tners. However , in order to provid e a ser vice of general economic inte rest, an excl usive r ight to re-use specifi c public sector documents ma y sometimes be necessar y . This ma y be the case if no commercial publisher w ould publish the inf or mation without such an excl usive r ight. In this rega rd, it is appropr iat e to take into account public ser vice contracts that are excl uded from the scope of Directive 2014/24/EU pursuant to Ar ticle 11 of that Directive and innovati on par tnerships as refer red to in Ar ticle 31 of Directive 2014/24/EU. (49) There are numerous cooperation ar rang ements between librar ies, including university librar ies, museums, arch ives and pr ivat e par tners, whic h inv olve digitisation of cultural resources granting excl usive r ights to pr ivate par tners. Practice has shown that such public-pr ivate par tnerships can fa cilitate w or thwhile use of cultural collections and at the same time accelerat e access to the cultural her itage f or members of the public. It is theref ore appropr iat e to take into account cur rent diverge nces between Member Stat es with regar d to digitisation of cultural resources, by a specifi c set of r ules per taining to agreements on digitisation of such resources. Where an exclusive r ight relat es to digitisation of cultural resources, a cer tain per iod of excl usivity might be necessar y in order to give the pr ivate par tner the possibility to recoup its inv estment. That per iod should, however , be limited to as shor t a time as possible in order to comply with the pr inciple that public domain mater ial should sta y in the public domain once it is digitised. The per iod of an exclusive r ight to digitise cultural resources should in g eneral not exceed 10 y ears. Any per iod of exclusivity long er than 10 y ears should be subject to review , taking into account tec hnological, financia l and administrative c hanges in the en vironment since the ar rangement was ent ered into. In addition, any public pr ivate par tnership f or the digitisation of cultural resources should grant the par tner cultural institution full r ights with respect to the post-term ination use of digitised cultural resources. (50) Ar rangements between data holders and data re-users which do not expressly grant excl usive r ights but which can reasonably be expected to restr ict the av ailability of documents f or re-use should be subject to additional public scr utiny . The essential aspects of such ar rangements should theref ore be published online at least two months bef ore coming into eff ect, namely two months bef ore the agreed date on whic h the performa nce of the 26.6.2019 L 172/64 Official Jour nal of the European Union EN
oblig ations of the par ties is set to begin. The publication should give interest ed par ties an oppor tunity to request the re-use of the documents co vered by those ar rang ements and prevent the r isk of restr icting the rang e of poten tial re-users. In any event, the essential aspects of such ar range ments in their final f or m agreed by the par ties should also be made public online without undue dela y f ollowi ng their conclusion. (51) This Directive aims to minimise the r isk of exces sive first-mover advantage that could limit the number of poten tial re-users of the data. Where contractual ar range ments are like ly , in addition to a Member State 's oblig ations under this Directive to grant documents, to entail a transfer of that Member State's resources within the meaning of Ar ticle 107(1) TFEU, this Directive should be without prejudice to the application of the competiti on and Stat e aid r ules laid down in Ar ticles 101 to 109 TFEU. It f ollows from the Stat e aid r ules laid down in Ar ticles 107, 108 and 109 TFEU that a Member Stat e must chec k ex ante whether State aid ma y be inv olved in the relevant contractual ar rangement and ensure that it complies with the Stat e aid r ules. (52) This Directive does not affe ct the prote ction of individuals with regard to the processing of personal data under U nion and national law , par ticularly Regulation (EU) 2016/679 and Directive 2002/58/EC of the European P arliament and of the Council ( 18 ) and including any supplementing provisions of national law . This means, inter alia, that the re-use of personal data is per missible only if the pr inciple of pur pose limitation as set out in point (b) of Ar ticle 5(1) and Ar ticle 6 of Regulation (EU) 2016/679 is met. Anonymous inf or mation is inf or mation whic h does not relate to an identified or identif iable natural person or to personal data rendered anonym ous in such a manner that the data subject is not or is no long er identif iable. Render ing inf or mation anonym ous is a means of reconciling the inte rests in making public sect or inf or mation as re-usable as possible with the oblig ations under data protection law , but it comes at a cost. It is appropr iate to consider that cost to be one of the cost it ems to be considered to be par t of the marginal cost of dissemination as refer red to in this Directive. (53) When taking decisions on the scope and conditions f or the re-use of public sector documents containing personal data, f or exam ple in the health sector , data protection im pact assessments ma y ha ve to be performe d in accordance with Ar ticle 35 of Regulation (EU) 2016/679. (54) The intellectual proper ty r ights of third par ties are not aff ected by this Directive. For the av oidance of doubt, the term ‘intellectual proper ty r ights’ refe rs to cop yr ight and related r ights only , including sui gener is f or ms of prot ection. This Directive does not apply to documents co vered by industr ial proper ty r ights, such as pate nts and register ed designs and trade marks . The Directive neither aff ects the existence or ownership of intellectua l proper ty r ights of public sector bodies, nor does it limit the exe rcise of these r ights in any wa y be y ond the boundar ies set by this Directive. The oblig ations imposed in accordance with this Directive should apply only insof ar as the y are compati ble with inte r national agreements on the protect ion of intellectual proper ty r ights, in par ticular the Ber ne Conv ention f or the Prot ection of Liter ar y and Ar tistic W orks (Ber ne Convention), the Agreement on T rade-Related Aspects of Intellectual Proper ty Rights (TRIPS Agreement) and the WIPO Cop yr ight T reaty (W CT). Public sect or bodies should, however , exercise their cop yr ight in a wa y that facilitat es re-use. (55) T aking into account U nion la w and the inte r national oblig ations of Member States and of the Uni on, par ticularly under the Ber ne Convention and the TRIPS Agreement, documents f or whic h third par ties hold intellectual proper ty r ights should be excl uded from the scope of this Directive. If a third par ty was the initial o wner of the intellect ual proper ty r ights f or a document held by librar ies, including university librar ies, museums and archiv es and the term of protection of those r ights has not expired, that document should, f or the pur pose of this Directive, be considered to be a document f or which third par ties hold inte llectual proper ty r ights. (56) This Directive should be without prejudice to the r ights, including economic and moral r ights, that emp lo yees of public sector bodies ma y enjo y under national law . (57) Moreover , where any document is made ava ilable f or re-use, the public sector body concer ned should retain the r ight to exploit that document. 26.6.2019 L 172/65 Official Jour nal of the European Union EN
( 18 ) Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concer ning the processing of personal data and the prot ection of pr ivacy in the electronic communications sector (Directive on pr ivacy and electronic communications) (OJ L 201, 31.7.2002, p. 37). (58) This Directive is without prejudice to Directive 2014/24/EU. (59) T ools that help potential re-users to fi nd documents av ailable f or re-use and the conditions f or re-use can f acilitate considerably the cross-border use of public sect or documents. Member States should theref ore ensure that practical ar rangements are in place that help re-users in their searc h f or documents available f or re-use. Examples of such practical ar range ments are assets lists, which should pref erably be accessible online, of main documents (documents that are extensi vely re-used or that hav e the poten tial to be extensively re-used), and por tal sites that are linked to decentralised assets lists. Member State s should also f acilitate the long-t er m av ailability f or re-use of public sector inf or mation, in accordance with the applicable preser vation policies. (60) The Commission should facilita te the cooperation among Member Stat es and suppor t the design, testing, im plementation and deplo yment of inte roperable electronic interfaces that enable more efficient and secure public ser vices. (61) This Directive is without prejudice to Directive 2001/29/EC of the European Parliament and of the Council ( 19 ). It provid es f or conditions within whic h public sector bodies can exer cise their intellectual proper ty r ights in the internal inf or mation mark et when allo wing re-use of documents. Where public sector bodies are holders of the r ight provid ed f or in Ar ticle 7(1) of Directive 96/9/EC, the y should not exercise that r ight in order to prevent re- use or to restr ict the re-use of existing documents bey ond the limits provid ed f or in this Directive. (62) The Commission has suppor ted the development of an online open data matur ity repor t with relevant performa nce indicator s f or the re-use of public sect or inf or mation in all the Member Stat es. A regular update of that repor t will contr ibute to the exc hang e of inf or mation between the Member State s and the av ailability of inf or mation on policies and practices across the Union. (63) It is necessar y to ensure that the Member Stat es monitor the exte nt of the re-use of public sector inf or mation, the conditions under which it is made av ailable, and the redress practices. (64) The Commission ma y assist the Member States in implementing this Directive in a consistent wa y by issuing and updating existing guidelines, par ticularly on recommended standard licences, datasets and c harging f or the re-use of documents, af te r consulting interest ed par ties. (65) One of the pr incipal aims of the establishment of the internal mark et is the creation of conditions conducive to the development of Uni on-wide ser vices. Librar ies, including university librar ies, museums and arch ives hold a signif icant amount of valuable public sector inf or mation resources, in par ticular since digitisation projects hav e multiplied the amount of digital public domain mater ial. Those cultural her itag e collections and related metadata are a pote ntial base f or digital content products and ser vices and hav e a huge pote ntial f or inno vative re-use in sector s such as lear ning and tourism. Other types of cultural establishment, such as orchestras, operas, ballets and theatres, including the archives that are par t of those establishments, should remain outside the scope of this Directive because of their specificity as perf or ming ar ts and the fact that almost all of their mater ial is subject to third-par ty intellectual proper ty r ights. (66) In order to provid e f or conditions suppor ting the re-use of documents which is associated with impor tant socio ­ economic benefits hav ing a par ticular high value f or the econom y and society , a list of thematic cate gor ies of high-value datasets should be set out in an Annex. By wa y of illustration, and without prejudice to the im plementing acts identifying the high-value datasets to which the specifi c requirements set out in this Directive should apply , taking into account the Commission guidelines on recommended standard licences, datasets and c harging f or the reuse of documents, the thematic categor ies could, inter alia, cover postcodes, national and local maps (geospatial), energy consum ption and satelli te images (ear th obser vation and environment), in situ data from instr uments and weather f orecasts (met eorological), demographic and economic indicators (statistics), business register s and registration identif iers (com panies and compan y o wnership), road signs and inland water wa ys (mobility). 26.6.2019 L 172/66 Official Jour nal of the European Union EN
( 19 ) Directive 2001/29/EC of the European P arliament and of the Council of 22 Ma y 2001 on the har monisation of cer tain aspects of cop yr ight and related r ights in the inf or mation society (OJ L 167, 22.6.2001, p. 10). (67) In order to amend the list of thematic categor ies of high-value datasets by adding fur ther thematic categor ies, the po wer to adopt acts in accordance with Ar ticle 290 TFEU should be delegat ed to the Commission. It is of par ticular impor tance that the Commission car r y out appropr iate consultations dur ing its preparatory work, including at exper t level, and that those consultations be conduct ed in accordance with the pr inciples laid down in the Interi nstitutional Agreement of 13 Apr il 2016 on Bett er La w-Making ( 20 ). In par ticular , to ensure equal par ­ ticipation in the preparation of deleg ated acts, the European P arliament and the Council receive all documents at the same time as Member Stat es' exper ts, and their exper ts systematically hav e access to meetings of Commission exper t groups dealing with the preparation of delegat ed acts. (68) An U nion-wide list of datasets with a par ticular potential to g enerate socioeconomic benefi ts tog ether with har monised re-use conditions constitut es an impor tant enabler of cross-border data applications and ser vices. In order to ensure unif or m conditions f or the imple mentation of this Directive, im plementing po wers should be conferred on the Commission to suppor t the re-use of documents associated with im por tant socioeconomic benefits by adop ting a list of specifi c high-value datasets to whic h specifi c requirements of this Directive apply , along with the ar rangements f or their publication and re-use. Consequently , those specifi c requirements will not apply pr ior to the adop tion by the Commission of im plementing acts. The list should take into account sectoral U nion leg al acts that regulate the publication of datasets, such as Directives 2007/2/EC and 2010/40/EU, to ensure that datasets are made available under cor responding standards and sets of metadata. The list should be based on the thematic categor ies set out in this Directive. In prepar ing the list, the Commission should car r y out appropr iate consultations, including at exper t level. Moreover , when deciding on the inclusion in the list of data held by public under takings or on their free av ailability , the eff ects on competition in the relevant mark ets should be taken into account. Those powers should be exe rcised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council ( 21 ). (69) For the pur pose of ensur ing their maximum impact and to f acilitate re-use, the high-value datasets should be made available f or re-use with minimal leg al restr ictions and free of charg e. They should also be published via APIs. However , this does not preclude public sector bodies from c harging f or ser vices that they provide in relation to the high-value datasets in their exercise of public author ity , in par ticular cer tifying the authenticity or veracity of documents. (70) Since the objectives of this Directive, namely to facilitat e the creation of Union-wide inf or mation products and ser vices based on public sector documents, to ensure the eff ective cross-border use of public sector documents on the one hand by pr ivate businesses, par ticularly by SMEs, f or added-value inf or mation products and ser vices, and on the other hand by citizens to f acilitate the free circulation of inf or mation and communication, cannot be sufficiently achieve d by the Member Stat es but can rather , by reason of the pan-Un ion scope of the proposed action, be bett er achieved at U nion level, the Union ma y adopt measures, in accordance with the pr inciple of subsidiar ity as set out in Ar ticle 5 of the T reaty on European U nion. In accordance with the pr inciple of propor ­ tionality as set out in that Ar ticle, this Directive does not go bey ond what is necessar y in order to achieve those objectives. (71) This Directive respects the fundamental r ights and obser ves the pr inciples recognised in par ticular by the Char ter , including the r ight to pr ivacy , the prote ction of personal data, the r ight to proper ty and the integrat ion of persons with disabilities. Nothing in this Directive should be inte r pret ed or implement ed in a manner that is inconsiste nt with the Council of Europe Conv ention f or the Protection of Human Rights and Fundamental Freedoms. (72) The European Data Protection Super visor was consulted in accordance with Ar ticle 28(2) of Regulation (EC) No 45/2001 of the European P arliament and of the Council ( 22 ) and delivered an opinion on 10 July 2018 ( 23 ). 26.6.2019 L 172/67 Official Jour nal of the European Union EN
( 20 ) OJ L 123, 12.5.2016, p. 1. ( 21 ) Regulation (EU) No 182/2011 of the European P arliament and of the Council of 16 Febr uar y 2011 la ying down the r ules and general pr inciples concer ning mechanisms f or control b y Member States of the Commission's exercise of impl ementing powers (OJ L 55, 28.2.2011, p. 13). ( 22 ) Regulation (EC) No 45/2001 of the European P arliament and of the Council of 18 December 2000 on the prot ection of individuals with regar d to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8, 12.1.2001, p. 1). ( 23 ) OJ C 305, 30.8.2018, p. 7. (73) The Commission should car r y out an evaluation of this Directive. Pursuant to the Inte r institutional Agreement of 13 Apr il 2016 on Bett er Law-Making, that evaluation should be based on the five cr iter ia of effi ciency , eff ectiveness, relevance, coherence and value added and should provid e the basis f or impact assessments of op tions f or fur ther action. (74) This Directive should be without prejudice to the oblig ations of the Member States relating to the time-limit f or the transposition into national law of the Directives set out in Annex II, P ar t B, HA VE ADOPTED THIS DIRECTIVE: CHAPTER I GENERAL PR O VISIONS Ar ticle 1 Subject matter and scope

1. In order to promot e the use of open data and stimulate innovati on in products and ser vices, this Directive establishes a set of minimum r ules govern ing the re-use and the practical ar rangements f or fa cilitating the re-use of: (a) existing documents held by public sector bodies of the Member State s; (b) existing documents held by public under takings that are: (i) active in the areas defined in Directive 2014/25/EU; (ii) acting as public ser vice operat ors pursuant to Ar ticle 2 of Regulation (EC) No 1370/2007; (iii) acting as air car r iers fulf illing public ser vice obligations pursuant to Ar ticle 16 of Regulation (EC) No 1008/2008; or (iv) acting as Community shipo wners fulfilling public ser vice oblig ations pursuant to Ar ticle 4 of Regulation (EEC) No 3577/92; (c) research data pursuant to the conditions set out in Ar ticle 10.
2. This Directive does not apply to: (a) documents the supply of which is an activity f alling outside the scope of the public task of the public sect or bodies concer ned as defined by la w or by other binding r ules in the Member State, or , in the absence of such r ules, as defined in accordance with common administrative practice in the Member Stat e in question, provided that the scope of the public tasks is transparent and subject to review ; (b) documents held by public under takings: (i) produced outside the scope of the provi sion of ser vices in the g eneral inter est as defined by la w or other binding r ules in the Member State; (ii) related to activities directly exposed to competiti on and theref ore, pursuant to Ar ticle 34 of Directive 2014/25/EU, not subject to procurement r ules; (c) documents f or whic h third par ties hold intellect ual proper ty r ights; (d) documents, such as sensitive data, which are excluded from access by vir tue of the access regimes in the Member Stat e, including on grounds of: (i) the prote ction of national secur ity (namely , Stat e secur ity), defence, or public secur ity ; (ii) statistical confidentiality ; (iii) commercial conf identiality (including business, profes sional or compan y secrets); (e) documents access to which is excl uded or restr icted on grounds of sensitive cr itical infrastr ucture protection relat ed inf or mation as defined in point (d) of Ar ticle 2 of Directive 2008/114/EC; 26.6.2019 L 172/68 Official Jour nal of the European Union EN
   (f) documents access to which is restr ict ed by vir tue of the access regimes in the Member Stat es, including cases whereby citizens or leg al entities hav e to prove a par ticular interest to obtain access to documents; (g) logos, crests and insignia; (h) documents, access to which is excl uded or restr icted by vir tue of the access regimes on grounds of protection of personal data, and par ts of documents accessible by vir tue of those regimes which contain personal data the re-use of which has been def ined by la w as being incompati ble with the la w concer ning the protection of individuals with regar d to the processing of personal data or as under mining the prote ction of pr ivacy and the integrit y of the individual, in par ticular in accordance with U nion or national la w regar ding the protection of personal data; (i) documents held by public ser vice broadcasters and their subsidiar ies, and by other bodies or their subsidiar ies f or the fulf ilment of a public ser vice broadcasting remit ; (j) documents held by cultural establishments other than librar ies, including university librar ies, museums and archiv es; (k) documents held by educational establishments of secondar y level and below , and, in the case of all other educational establishments, documents other than those ref er red to in point (c) of paragraph 1; (l) documents other than those refe r red to in point (c) of paragraph 1 held by research performin g org anisations and research funding org anisations, including org anisations established f or the transfer of researc h results.
3. This Directive builds on, and is without prejudice to, U nion and national access regimes.
4. This Directive is without prejudice to Union and national la w on the protection of personal data, in par ticular Regulation (EU) 2016/679 and Directive 2002/58/EC and the cor responding provisions of national la w .
5. The oblig ations im posed in accordance with this Directive shall apply only insofar as they are compati ble with the provis ions of intern ational agreements on the prot ection of intellectual proper ty r ights, in par ticular the Ber ne Conv ention, the TRIPS Agreement and the W CT .
6. The r ight f or the mak er of a database provided f or in Ar ticle 7(1) of Directive 96/9/EC shall not be exer cised by public sector bodies in order to prevent the re-use of documents or to restr ict re-use bey ond the limits set by this Directive.
7. This Directive govern s the re-use of existing documents held by public sect or bodies and public under takings of the Member Stat es, including documents to whic h Directive 2007/2/EC applies. Ar ticle 2 Def initions For the pur pose of this Directive, the f ollo wing definitions apply:
   (1) ‘public sect or body’ means the State, regional or local author ities, bodies govern ed by public la w or associations f or med by one or more such author ities or one or more such bodies governed by public la w ;
   (2) ‘bodies go ver ned by public la w’ means bodies that have all of the f ollo wing charact er istics: (a) the y are established f or the specifi c pur pose of meeting needs in the general inter est, not hav ing an industr ial or commercial c haract er ; (b) the y ha ve legal personality ; and (c) the y are fi nanced, f or the most par t by the Stat e, regional or local author ities, or by other bodies go ver ned by public law; or are subject to management super vision by those author ities or bodies; or ha ve an administrative, manage r ial or super visor y board, more than half of whose members are appointe d by the State , regional or local author ities, or by other bodies govern ed by public law; 26.6.2019 L 172/69 Official Jour nal of the European Union EN
   (3) ‘public under taking’ means any under taking active in the areas set out in point (b) of Ar ticle 1(1) o ver whic h the public sect or bodies ma y exer cise directly or indirectly a dominant inf luence by vir tue of their o wnership of it, their financial par ticipation therein, or the r ules which govern it. A dominant inf luence on the par t of the public sect or bodies shall be presumed in any of the f ollowi ng cases in whic h those bodies, directly or indirectly : (a) hold the major ity of the under taking's subscr ibed capital; (b) control the maj or ity of the vot es attaching to shares issued by the under taking; (c) can appoint more than half of the under taking's administrative, manag ement or super visor y body ;
   (4) ‘university’ means any public sector body that provides post-secondar y-sc hool higher education leading to academic degrees;
   (5) ‘standard licence ’ means a set of predefined re-use conditions in a digital f or mat, preferably compat ible with standardised public licences av ailable online;
   (6) ‘document’ means: (a) an y conte nt whatever its medium (paper or electronic f or m or as a sound, visual or audio visual recording); or (b) an y par t of such conte nt ;
   (7) ‘anon ymisation’ means the process of c hanging documents into anonymous documents which do not relate to an identified or identif iable natural person, or the process of render ing personal data anonym ous in such a manner that the data subject is not or no longer identif iable;
   (8) ‘dynamic data’ means documents in a digital f or m, subject to frequent or real-time updat es, in par ticular because of their volatility or rapid obsolescence; data ge nerated by sensors are typically considered to be dynamic data;
   (9) ‘research data’ means documents in a digital f or m, other than scientific publications, whic h are collect ed or produced in the course of scientifi c research activities and are used as evidence in the research process, or are commonly accept ed in the research community as necessar y to validat e research fi ndings and results;
   (10) ‘high-value datasets’ means documents the re-use of whic h is associated with im por tant benefi ts f or society , the en vironment and the econom y , in par ticular because of their suitability f or the creation of value-added ser vices, applications and new , high-quality and decent jobs, and of the number of poten tial beneficiar ies of the value-added ser vices and applications based on those datasets;
   (11) ‘re-use’ means the use by persons or legal entities of documents held by: (a) public sector bodies, f or commercial or non-commercial pur poses other than the initial pur pose within the public task f or which the documents were produced, excep t f or the exc hange of documents between public sector bodies purely in pursuit of their public tasks; or (b) public under takings, f or commercial or non-commercial pur poses other than f or the initial pur pose of provid ing ser vices in the g eneral inte rest f or which the documents were produced, excep t f or the exc hange of documents between public under takings and public sect or bodies purely in pursuit of the public tasks of public sector bodies;
   (12) ‘personal data’ means personal data as defined in point (1) of Ar ticle 4 of Regulation (EU) 2016/679;
   (13) ‘mac hine-readable f or mat’ means a file f or mat str uctured so that sof tware applications can easily identify , recognise and extract specifi c data, including individual stat ements of f act, and their internal str ucture;
   (14) ‘open f or mat ’ means a file f or mat that is platf or m-independent and made av ailable to the public without an y restr iction that impedes the re-use of documents;
   (15) ‘f or mal open standard’ means a standard which has been laid down in wr itten f or m, detailing specifications f or the requirements on how to ensure sof tware inte roperability ; 26.6.2019 L 172/70 Official Jour nal of the European Union EN
   (16) ‘reasonable retur n on inve stment’ means a percentage of the o verall c harge, in addition to that needed to reco ver the eligible costs, not exceed ing 5 percentage points above the fixed inte rest rate of the ECB;
   (17) ‘third par ty’ means an y natural or legal person other than a public sect or body or a public under taking that holds the data. Ar ticle 3 General pr inciple
8. Subject to paragraph 2 of this Ar ticle, Member Stat es shall ensure that documents to which this Directive applies in accordance with Ar ticle 1 shall be re-usable f or commercial or non-commercial pur poses in accordance with Chapt ers III and IV .
9. For documents in whic h librar ies, including university librar ies, museums and archives hold inte llectual proper ty r ights and f or documents held by public under takings, Member Stat es shall ensure that, where the re-use of such documents is allo wed, those documents shall be re-usable f or commercial or non-commercial pur poses in accordance with Chapt ers III and IV . CHA PTER II REQUESTS FOR RE-USE Ar ticle 4 Processing of requests for re-use
10. Public sector bodies shall, through electronic means where possible and appropr iate, process requests f or re-use and shall make the document ava ilable f or re-use to the applicant or , if a licence is needed, fi nalise the licence offer to the applicant within a reasonable time that is consist ent with the time frames laid down f or the processing of requests f or access to documents.
11. Where no time limits or other r ules regulating the timely provi sion of documents hav e been established, public sector bodies shall process the request and shall deliver the documents f or re-use to the applicant or , if a licence is needed, finalise the licence off er to the applicant as soon as possible, and in any event within 20 w orking da ys of receipt. That time frame ma y be extended by a fur ther 20 w orking da ys in the case of ext ensive or complex requests. In such cases, the applicant shall be notified as soon as possible, and in an y event within three week s of the initial request, that more time is needed to process the request and the reasons why .
12. In the event of a negative decision, the public sector bodies shall communicate the grounds f or refusal to the applicant on the basis of the relevant provisions of the access regime in that Member State or of the provisions transposing this Directive, in par ticular points (a) to (h) of Ar ticle 1(2) or Ar ticle 3. Where a negat ive decision is based on point (c) of Ar ticle 1(2), the public sect or body shall include a refe rence to the natural or leg al person who is the r ightsholder , where kno wn, or alternatively to the licensor from which the public sect or body has obtained the relevant mate r ial. Librar ies, including university librar ies, museums and archives, shall not be required to include such a ref erence.
13. Any decision on re-use shall contain a refe rence to the means of redress where the applicant wishes to c hallenge the decision. The means of redress shall include the possibility of review by an im par tial review body with the appropr iate exper tise, such as the national competiti on author ity , the relevant access to documents author ity , the super visor y author ity established in accordance with Regulation (EU) 2016/679 or a national judicial author ity , whose decisions are binding upon the public sect or body concer ned.
14. For the pur poses of this Ar ticle, Member Stat es shall establish practical ar rang ements to f acilitate effective re-use of documents. Those ar rangements ma y in par ticular include the means to supply adequat e inf or mation on the r ights provid ed f or in this Directive and to offe r relevant assistance and guidance.
15. The f ollowi ng entities shall not be required to compl y with this Ar ticle: (a) public under takings; (b) educational establishments, researc h performin g org anisations and research funding org anisations. 26.6.2019 L 172/71 Official Jour nal of the European Union EN
    CHAPTER III C ONDITIONS FOR RE-USE Ar ticle 5 A vailable f or mats
16. Without prejudice to Chapt er V , public sector bodies and public under takings shall make their documents available in an y pre-existing f or mat or languag e and, where possible and appropr iate, by electronic means, in f or mats that are open, machi ne-readable, accessible, fi ndable and re-usable, tog ether with their metadata. Both the f or mat and the metadata shall, where possible, compl y with f or mal open standards.
17. Member Stat es shall encourage public sector bodies and public under takings to produce and make av ailable documents falling within the scope of this Directive in accordance with the pr inciple of ‘open by design and by def ault ’.
18. P aragraph 1 shall not im ply an oblig ation f or public sector bodies to create or adapt documents or provi de extracts in order to compl y with that paragraph where this w ould inv olve dispropor tionate eff or t, going bey ond a sim ple operation.
19. Public sect or bodies shall not be required to continue the production and stora ge of a cer tain type of document with a view to the re-use of such documents by a pr ivate or public sector org anisation.
20. Public sector bodies shall make dynamic data available f or re-use immediate ly af ter collection, via suitable APIs and, where relevant, as a bulk down load.
21. Where making dynamic data ava ilable f or re-use immediately af ter collection, as refer red to in paragraph 5, w ould exceed the financial and tec hnical capacities of the public sector body , thereb y im posing a dispropor tionate eff or t, those dynamic data shall be made av ailable f or re-use within a time frame or with tem porar y tec hnical restr ictions that do not unduly impair the exploitation of their economic and social potential.
22. P aragraphs 1 to 6 shall apply to existing documents held by public under takings which are av ailable f or re-use.
23. The high-value datasets, as listed in accordance with Ar ticle 14(1) shall be made available f or re-use in machi ne- readable f or mat, via suitable APIs and, where relevant, as a bulk down load. Ar ticle 6 Pr inciples go v er ning charging
24. The re-use of documents shall be free of c harge. Howe ver , the recovery of the marginal costs incur red f or the reproduction, provision and dissemination of documents as well as f or anonym isation of personal data and measures taken to prote ct commercially confidential inf or mation ma y be allo wed.
25. By wa y of excep tion, paragraph 1 shall not apply to the f ollowi ng: (a) public sector bodies that are required to generat e revenue to co ver a substantial par t of their costs relating to the performa nce of their public tasks; (b) librar ies, including university librar ies, museums and arch ives; (c) public under takings.
26. Member States shall publish online a list of the public sector bodies refer red to in point (a) of paragraph 2.
27. In the cases refer red to in points (a) and (c) of paragraph 2, the total charg es shall be calculated in accordance with objective, transparent and ver ifiable cr iter ia. Such cr it er ia shall be laid down by Member State s. The tota l income from supplying and allowing the re-use of documents o ver the appropr iat e accounting per iod shall not exceed the cost of their collection, production, reproduction, dissemination and data storag e, tog ether with a reasonable retur n on investment, and — where applicable — the anonymisation of personal data and measures take n to protect commercially conf idential inf or mation. Charg es shall be calculated in accordance with the applicable accounting pr inciples. 26.6.2019 L 172/72 Official Jour nal of the European Union EN
28. Where c harges are made by the public sector bodies refe r red to in point (b) of paragraph 2, the total income from supplying and allo wing the re-use of documents over the appropr iat e accounting per iod shall not excee d the cost of collection, production, reproduction, dissemination, data storag e, preser vation and r ights clearance and, where applicable, the anony misation of personal data and measures take n to prote ct commercially conf idential inf or mation, tog ether with a reasonable retur n on inv estment. Charg es shall be calculated in accordance with the accounting pr inciples applicable to the public sector bodies inv olved.
29. The re-use of the f ollo wing shall be free of c harge f or the user: (a) subject to Ar ticle 14(3), (4) and (5), the high-value datasets, as liste d in accordance with paragraph 1 of that Ar ticle; (b) research data refer red to in point (c) of Ar ticle 1(1). Ar ticle 7 T ransparency
30. In the case of standard charg es f or the re-use of documents, an y applicable conditions and the actual amount of those c harges , including the calculation basis f or such charg es, shall be pre-established and published, through electronic means where possible and appropr iat e.
31. In the case of c harges f or the re-use other than those refer red to in paragraph 1, the fact ors that are taken into account in the calculation of those c harges shall be indicated at the outset. Upon request, the holder of the documents in question shall also indicate the wa y in whic h such c harges have been calculat ed in relation to a specif ic re-use request.
32. Public sector bodies shall ensure that applicants f or re-use of documents are inf or med of av ailable means of redress relating to decisions or practices affe cting them. Ar ticle 8 Sta ndard licences
33. The re-use of documents shall not be subject to conditions, unless such conditions are objective, propor tionat e, non-discr iminato r y and justif ied on grounds of a public inter est objective. When re-use is subject to conditions, those conditions shall not unnecessar ily restr ict possibilities f or re-use and shall not be used to restr ict compet ition.
34. In Member States where licences are used, Member States shall ensure that standard licences f or the re-use of public sector documents, which can be adap ted to meet par ticular licence applications, are av ailable in digital f or mat and can be processed electronically . Member Stat es shall encourage the use of such standard licences. Ar ticle 9 Practical ar rangements
35. Member Stat es shall mak e practical ar rangements facilitating the search f or documents av ailable f or re-use, such as asset lists of main documents with relevant metadata, accessible where possible and appropr iat e online and in machine- readable f or mat, and por tal sites that are linked to the asset lists. Where possible, Member State s shall fa cilitate the cross-linguistic search f or documents, in par ticular by enabling metadata aggregation at U nion level. Member State s shall also encourage public sector bodies to mak e practical ar rangemen ts f acilitating the preser vation of documents available f or re-use.
36. Member Stat es shall, in cooperation with the Commission, continue eff or ts to simplify access to datasets, in par ticular by provid ing a sing le point of access and by progressively making available suitable datasets held by public sector bodies with regard to the documents to whic h this Directive applies, as well as to data held by Union institutions, in f or mats that are accessible, readily findable and re-usable by electronic means. 26.6.2019 L 172/73 Official Jour nal of the European Union EN
    Ar ticle 10 Research dat a
37. Member States shall suppor t the availability of research data by adop ting national policies and relevant actions aiming at making publicly funded researc h data openly av ailable (‘open access policies’), f ollowing the pr inciple of ‘open by default’ and compati ble with the F AIR pr inciples. In that cont ext, concer ns relating to intellectua l proper ty r ights, personal data protection and conf identiality , secur ity and legitimat e commercial interests, shall be taken into account in accordance with the pr inciple of ‘as open as possible, as closed as necessar y’. Those open access policies shall be addressed to research per f or ming organisations and research funding organisations.
38. Without prejudice to point (c) of Ar ticle 1(2), research data shall be re-usable f or commercial or non-commercial pur poses in accordance with Chapt ers III and IV , insof ar as they are publicly funded and research ers, research performin g organisations or research funding organisations have already made them publicly available through an institutional or subject-based repository . In that conte xt, legitimate commercial interests, knowle dge transfer activities and pre-existing intellectual proper ty r ights shall be taken into account. CHAPTER IV NON-DISCRIMINA TION AND F AIR TRADING Ar ticle 11 Non-discr imination
39. Any applicable conditions f or the re-use of documents shall be non-discr iminato r y f or compar able catego r ies of re-use, including f or cross-border re-use.
40. If documents are re-used by a public sector body as input f or its commercial activities which fall outside the scope of its public tasks, the same c harges and other conditions shall apply to the supply of the documents f or those activities as apply to other users. Ar ticle 12 Ex clusiv e ar rangements
41. The re-use of documents shall be open to all pote ntial actors in the mark et, even if one or more mark et actors already exploit added-value products based on those documents. Contracts or other ar rang ements between the public sector bodies or public under takings holding the documents and third par ties shall not grant exclusive r ights.
42. Ho wever , where an exclusive r ight is necessar y f or the provision of a ser vice in the public interest, the validity of the reason f or granting such an excl usive r ight shall be subject to regular review , and shall, in any event, be reviewed ever y three y ears. The excl usive ar rang ements established on or af ter 16 July 2019 shall be made publicly available online at least two months bef ore they come into eff ect. The final term s of such ar rangements shall be transparent and shall made publicly available online. This paragraph shall not apply to digitisation of cultural resources.
43. Notwithstanding paragraph 1, where an excl usive r ight relat es to the digitisation of cultural resources, the per iod of exclusivity shall in ge neral not exce ed 10 y ears. Where that per iod exceed s 10 yea rs, its duration shall be subject to review dur ing the 11th y ear and, if applicable, ever y seven years thereaf ter . The ar rang ements granting excl usive r ights ref er red to in the first subparagraph shall be transparent and made public. In the case of an exclusive r ight refe r red to in the first subparagraph, the public sect or body concer ned shall be provided free of c harge with a cop y of the digitised cultural resources as par t of those ar rangements. That cop y shall be available f or re-use at the end of the per iod of excl usivity .
44. Lega l or practical ar rangements that, without expressly granting an exclusive r ight, aim at, or could reasonably be expecte d to lead to, a restr icted availability f or the re-use of documents by entities other than the third par ty par tici ­ pating in the ar rangement, shall be made publicly available online at least two months bef ore their coming into eff ect. The effe ct of such leg al or practical ar rang ements on the av ailability of data f or re-use shall be subject to regular reviews and shall, in an y event, be reviewed ever y three years. The fi nal term s of such ar range ments shall be transparent and made publicly av ailable online. 26.6.2019 L 172/74 Official Jour nal of the European Union EN
45. Ex clusive ar rangements existing on 17 July 2013 that do not qualify f or the excep tions set out in paragraphs 2 and 3 and that were ent ered int o by public sect or bodies shall be te r minated at the end of the contract and in any event not later than on 18 July 2043. Ex clusive ar rangements existing on 16 July 2019 that do not qualify f or the excep tions set out in paragraphs 2 and 3, and that were ent ered into by public under takings, shall be term inated at the end of the contract and in an y event not later than on 17 July 2049. CHAPTER V HIGH- V ALUE D A T ASETS Ar ticle 13 Thematic categor ies of high-value dat asets
46. In order to provid e f or conditions to suppor t the re-use of high-value datasets, a list of thematic categor ies of such datasets is set out in Annex I.
47. The Commission is emp owered to adopt delegat ed acts in accordance with Ar ticle 15 in order to amend Annex I by adding new thematic catego r ies of high-value datasets in order to ref lect tec hnological and mark et developments. Ar ticle 14 Specif ic high-value dat asets and ar rangements for publication and re-use
48. The Commission shall adopt im plementing acts la ying down a list of specifi c high-value datasets belonging to the catego r ies set out in Annex I and held by public sector bodies and public under takings among the documents to whic h this Directive applies. Such specific high-value datasets shall be: (a) ava ilable free of c harge, subject to paragraphs 3, 4 and 5; (b) machi ne readable; (c) provid ed via APIs; and (d) provid ed as a bulk download, where relevant. Those implementing acts ma y specify the ar rang ements f or the publication and re-use of high-value datasets. Such ar rang ements shall be compati ble with open standard licences. The ar rang ements ma y include te r ms applicable to re-use, f or mats of data and metadata and tec hnical ar rangements f or dissemination. Inv estments made by the Member Stat es in open data approac hes, such as investments into the development and roll-out of cer tain standards, shall be taken into account and balanced against the poten tial benefits from inclusion in the list. Those implementing acts shall be adopt ed in accordance with the examination procedure refe r red to in Ar ticle 16(2).
49. The identif ication of specifi c high-value datasets pursuant to paragraph 1 shall be based on the assessment of their poten tial to: (a) ge nerate significant socioeconomic or en vironmental benefits and innovati ve ser vices; (b) benefit a high number of users, in par ticular SMEs; (c) assist in generating revenues; and (d) be combined with other datasets. 26.6.2019 L 172/75 Official Jour nal of the European Union EN
    For the pur pose of identifying such specifi c high-value datasets, the Commission shall car r y out appropr iat e consulta ­ tions, including at exper t level, conduct an im pact assessment and ensure complementari ty with existing legal acts, such as Directive 2010/40/EU, with respect to the re-use of documents. That impact assessment shall include a cost-benefit analysis and an analysis of whether provid ing high-value datasets free of c harge by public sector bodies that are required to generat e revenue to co ver a substantial par t of their costs relating to the performa nce of their public task s w ould lead to a substantial impa ct on the budge t of such bodies. With regar d to high-value datasets held by public under takings, the impact assessment shall give special consideration to the role of public under takings in a competiti ve economic en vironment.
50. By wa y of derogat ion from point (a) of the second subparagraph of paragraph 1, the imp lementing acts refer red to in paragraph 1 shall provi de that the availability of high-value datasets free of charg e is not to apply to specific high- value datasets held by public under takings where that w ould lead to a distor tion of competition in the relevant mark ets.
51. The requirement to make high-value datasets av ailable free of c harge pursuant to point (a) of the second subparagraph of paragraph 1 shall not apply to librar ies, including university librar ies, museums and arch ives.
52. Where making high-value datasets available free of c harge by public sect or bodies that are required to g enerate revenue to co ver a substantial par t of their costs relating to the performa nce of their public tasks w ould lead to a substantial im pact on the budget of the bodies inv olved, Member States ma y exem pt those bodies from the requirement to make those high-value datasets av ailable free of c harge f or a per iod of no more than two ye ars f ollowi ng the entr y into f orce of the relevant im plementing act adop ted in accordance with paragraph 1. CHAPTER VI FINAL PR O VISIONS Ar ticle 15 Exercise of the delegation
53. The po wer to adop t delega ted acts is conferred on the Commission subject to the conditions laid down in this Ar ticle.
54. The power to adopt delegat ed acts refer red to in Ar ticle 13(2) shall be conferr ed on the Commission f or a per iod of fi ve years from 16 July 2019. The Commission shall dra w up a repor t in respect of the delegatio n of power not later than nine months bef ore the end of the five-year per iod. The delegatio n of power shall be tacitly exte nded f or per iods of an identical duration, unless the European P arliament or the Council opposes such ext ension not later than three months bef ore the end of each per iod.
55. The delegatio n of po wer refe r red to in Ar ticle 13(2) ma y be revok ed at any time by the European P arliament or by the Council. A decision to rev oke shall put an end to the delegat ion of the power specified in that decision. It shall take eff ect the da y f ollo wing the publication of the decision in the Off icial Jour nal of the Europ ean Union or at a late r date specified therein. It shall not affect the validity of an y delegat ed acts already in f orce.
56. Bef ore adopting a delega ted act, the Commission shall consult exper ts designated by each Member State in accordance with the pr inciples laid down in the Interin stitutional Agreement of 13 Apr il 2016 on Bett er Law-Making.
57. As soon as it adop ts a delegat ed act, the Commission shall notify it simultaneously to the European P arliament and to the Council.
58. A delegat ed act adopt ed pursuant to Ar ticle 13(2) shall enter into f orce only if no objection has been expressed either by the European P arliament or by the Council within a per iod of three months of notifi cation of that act to the European Parliament and to the Council or if, bef ore the expir y of that per iod, the European Parliament and the Council hav e both inf or med the Commission that they will not object. That per iod shall be extended by three months at the initiative of the European P arliament or of the Council. Ar ticle 16 Committee procedure
59. The Commission shall be assisted by a Committ ee on open data and the re-use of public sector inf or mation. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.
60. Where refe rence is made to this paragraph, Ar ticle 5 of Regulation (EU) No 182/2011 shall apply . 26.6.2019 L 172/76 Official Jour nal of the European Union EN
    Ar ticle 17 T ransposition
61. Member State s shall br ing into f orce the la ws, regulations and administrative provis ions necessar y to comply with this Directive by 17 July 2021. They shall immediately communicate the text of those measures to the Commission. When Member Stat es adopt those measures, the y shall contain a reference to this Directive or shall be accompan ied by such a reference on the occasion of their off icial publication. They shall also include a stat ement that refe rences in existing la ws, regulations and administrative provisions to the Directive repealed by this Directive shall be constr ued as refe rences to this Directive. Member States shall deter mine how such referen ce is to be made and how that statement is to be f or mulated.
62. Member States shall communicate to the Commission the text of the main provisions of national la w whic h they adopt in the fi eld co vered by this Directive. Ar ticle 18 Commission evaluation
63. No sooner than 17 July 2025, the Commission shall car r y out an evaluation of this Directive, and submit a repor t on the main findings of that evaluation to the European P arliament and to the Council as well as to the European Economic and Social Committ ee. Member States shall provid e the Commission with the inf or mation necessar y f or the preparation of that repor t.
64. The evaluation shall, in par ticular , address the scope and social and economic impact of this Directive, including: (a) the extent of the increase in re-use of public sect or documents to which this Directive applies, especially by SMEs; (b) the impact of the high-value datasets; (c) the eff ects of the pr inciples applied to c harging and the re-use of official te xts of a legislative and administrative nature; (d) the re-use of documents held by other entities than public sect or bodies, (e) the availabi lity and the use of APIs; (f) the intera ction between data protection r ules and re-use possibilities; (g) fur ther possibilities of im proving the proper functioning of the inte r nal mark et and suppor ting economic and labour mark et development. Ar ticle 19 Repeal Directive 2003/98/EC, as amended by the Directive liste d in Annex II, P ar t A, is repealed with eff ect from 17 July 2021, without prejudice to the oblig ations of the Member Stat es relating to the time-limits f or the transposition into national la w and the dat es of application of the Directives set out in Annex II, Par t B. Ref erences to the repealed Directive shall be constr ued as references to this Directive and shall be read in accordance with the cor relation table in Annex III. Ar ticle 20 Entr y into force This Directive shall enter into f orce on the twentieth da y f ollo wing that of its publication in the Off icial Jour nal of the Eur opean Union. 26.6.2019 L 172/77 Official Jour nal of the European Union EN
    Ar ticle 21 Addre ssees This Directive is addressed to the Member Stat es. Done at Br ussels, 20 June 2019. For the Eur opean P arliament The Pres ident A . T AJANI
    For the Council The President G. CIAMBA
    26.6.2019 L 172/78 Official Jour nal of the European Union EN
    ANNEX I List of thematic categor ies of high-value datasets, as refe r red to in Ar ticle 13(1)
65. Geospatial
66. Ear th obser vation and en vironment
67. Met eorological
68. Statistics
69. Com panies and compan y ownership
70. Mobility
    26.6.2019 L 172/79 Official Jour nal of the European Union EN
    ANNEX II P ar t A Repealed Directive with the amendment thereto (referred to in Ar ticle 19) Directive 2003/98/EC of the European P arliament and of the Council (OJ L 345, 31.12.2003, p. 90).
    Directive 2013/37/EU of the European P arliament and of the Council (OJ L 175, 27.6.2013, p. 1).
    P ar t B Time-limits f or transposition into national la w and dat es of application (referred to in Ar ticle 19) Directive Time-limit f or transposition Date of application 2003/98/EC 1 July 2005 1 July 2005 2013/37/EU 18 July 2015 18 July 2015
    26.6.2019 L 172/80 Official Jour nal of the European Union EN
    ANNEX III CORREL A TION T ABLE Directive 2003/98/EC This Directive Ar ticle 1(1) Ar ticle 1(1), introduct or y w ording
    Ar ticle 1(1)(a), (b) and (c) Ar ticle 1(2), introduct or y wording Ar ticle 1(2), introduct or y w ording Ar ticle 1(2)(a) Ar ticle 1(2)(a) — Ar ticle 1(2)(b) Ar ticle 1(2)(b) Ar ticle 1(2)(c) Ar ticle 1(2)(c) Ar ticle 1(2)(d) — Ar ticle 1(2)(e) Ar ticle 1(2)(ca) Ar ticle 1(2)(f) Ar ticle 1(2)(cb) Ar ticle 1(2)(g) Ar ticle 1(2)(cc) Ar ticle 1(2)(h) Ar ticle 1(2)(d) Ar ticle 1(2)(i) Ar ticle 1(2)(e) Ar ticle 1(2)(l) Ar ticle 1(2)(f) Ar ticle 1(2)(j) — Ar ticle 1(2)(k) Ar ticle 1(3) Ar ticle 1(3) Ar ticle 1(4) Ar ticle 1(4) Ar ticle 1(5) Ar ticle 1(5) — Ar ticle 1(6) and (7) Ar ticle 2, introduct or y w ording Ar ticle 2, introductor y w ording Ar ticle 2(1) Ar ticle 2(1) Ar ticle 2(2) Ar ticle 2(2) — Ar ticle 2(3) and (5) Ar ticle 2(3) Ar ticle 2(6) — Ar ticle 2(7) to (10) Ar ticle 2(4) Ar ticle 2(11) Ar ticle 2(5) Ar ticle 2(12) Ar ticle 2(6) Ar ticle 2(13) Ar ticle 2(7) Ar ticle 2(14) Ar ticle 2(8) Ar ticle 2(15) Ar ticle 2(9) Ar ticle 2(4) — Ar ticle 2(16) and (17) Ar ticle 3 Ar ticle 3 Ar ticle 4(1) Ar ticle 4(1) Ar ticle 4(2) Ar ticle 4(2) 26.6.2019 L 172/81 Official Jour nal of the European Union EN
    Directive 2003/98/EC This Directive Ar ticle 4(3) Ar ticle 4(3) Ar ticle 4(4) Ar ticle 4(4) — Ar ticle 4(5) Ar ticle 4(5) Ar ticle 4(6), introduct or y w ording
    Ar ticle 4(6)(a) and (b) Ar ticle 5(1) Ar ticle 5(1) — Ar ticle 5(2) Ar ticle 5(2) Ar ticle 5(3) Ar ticle 5(3) Ar ticle 5(4) — Ar ticle 5(5) to (8) — Ar ticle 6(1), fi rst subparagraph Ar ticle 6(1) Ar ticle 6(1), second subparagraph Ar ticle 6(2), introduct or y wording Ar ticle 6(2), introduct or y w ording Ar ticle 6(2)(a) Ar ticle 6(2)(a) Ar ticle 6(2)(b) — Ar ticle 6(2)(c) Ar ticle 6(2)(b) — Ar ticle 6(2)(c) — Ar ticle 6(3) Ar ticle 6(3) Ar ticle 6(4) Ar ticle 6(4) Ar ticle 6(5) — Ar ticle 6(6) Ar ticle 7(1) Ar ticle 7(1) Ar ticle 7(2) Ar ticle 7(2) Ar ticle 7(3) — Ar ticle 7(4) Ar ticle 7(3) Ar ticle 8 Ar ticle 8 Ar ticle 9 Ar ticle 9(1) — Ar ticle 9(2) — Ar ticle 10(1) and (2) Ar ticle 10 Ar ticle 11 Ar ticle 11(1) Ar ticle 12(1) Ar ticle 11(2) Ar ticle 12(2) Ar ticle 11(2a) Ar ticle 12(3) — Ar ticle 12(4) Ar ticle 11(3) — Ar ticle 11(4) Ar ticle 12(5) — Ar ticles 13 to 16 Ar ticle 12 Ar ticle 17(1) — Ar ticle 17(2) Ar ticle 13(1) Ar ticle 18(1) Ar ticle 13(2) — 26.6.2019 L 172/82 Official Jour nal of the European Union EN
    Directive 2003/98/EC This Directive Ar ticle 13(3) Ar ticle 18(2), introductor y w ording — Ar ticle 18(2)(a) to (g) — Ar ticle 19 Ar ticle 14 Ar ticle 20 Ar ticle 15 Ar ticle 21 — Annexes I, II and III
    26.6.2019 L 172/83 Official Jour nal of the European Union EN