Recital 22

Since both Directive (EU) 2019/1024 and Regulation (EU) 2022/868 share the goal of enhancing the re-use of public sector information, and in order to simplify rules from the perspective of both public sector bodies and re-users of public sector information, it is rational to repeal Directive (EU) 2019/1024 and Regulation (EU) 2022/868, align the two regimes and consolidate the rules in a single Chapter under this Regulation. This solution will increase harmonisation of those rules across the Union, reduce the administrative burden associated with interpreting and implementing national legislation and make it easier for businesses to develop cross-border services and products. However, the consolidation respects and allows to maintain national organisational specificities to ensure flexibility for national, regional and local administrations. When designating competent bodies, Member States should ensure that even where sector-specific competent bodies are designated, all relevant sectors are ultimately covered. The amendments in this Regulation should be understood not to alter the interpretation of the different definition and terms, unless clearly specified. In line with this rationale, it should be recalled that the intellectual property rights of third parties are not affected by Chapter VIIc. The term ‘intellectual property rights’ refers to copyright and related rights only, including sui generis forms of protection. Section 2 of Chapter VIIc does not apply to data or documents covered by industrial property rights, such as patents and registered designs and trade marks.

Since both Directive (EU) 2019/1024 and Regulation (EU) 2022/868 share the goal of enhancing the re-use of public sector information, and in order to simplify rules from the perspective of both public sector bodies and re-users of public sector information, it is rational to repeal Directive (EU) 2019/1024 and Regulation (EU) 2022/868, align the two regimes and consolidate the rules in a single Chapter under this Regulation. This solution will increase harmonisation of those rules across the Union, reduce the administrative burden associated with interpreting and implementing national legislation and make it easier for businesses to develop cross-border services and products. However, the consolidation respects and allows to maintain national organisational specificities to ensure flexibility for national, regional and local administrations. When designating competent bodies, Member States should ensure that even where sector-specific competent bodies are designated, all relevant sectors are ultimately covered. The amendments in this Regulation should be understood not to alter the interpretation of the different definition and terms, unless clearly specified. In line with this rationale, it should be recalled that the intellectual property rights of third parties are not affected by Chapter VIIc. The term ‘intellectual property rights’ refers to copyright and related rights only, including sui generis forms of protection. Section 2 of Chapter VIIc does not apply to data or documents covered by industrial property rights, such as patents and registered designs and trade marks.

Since both Directive (EU) 2019/1024 and Regulation (EU) 2022/868 share the goal of enhancing the re-use of public sector information, and in order to simplify rules from the perspective of both public sector bodies and re-users of public sector information, it is rational to repeal Directive (EU) 2019/1024 and Regulation (EU) 2022/868, align the two regimes and consolidate the rules in a single Chapter under this Regulation. This solution will increase harmonisation of those rules across the Union, reduce the administrative burden associated with interpreting and implementing national legislation and make it easier for businesses to develop cross-border services and products. However, the consolidation respects and allows to maintain national organisational specificities to ensure flexibility for national, regional and local administrations. When designating competent bodies, Member States should ensure that even where sector-specific competent bodies are designated, all relevant sectors are ultimately covered. The amendments in this Regulation should be understood not to alter the interpretation of the different definition and terms, unless clearly specified. In line with this rationale, it should be recalled that the intellectual property rights of third parties are not affected by Chapter VIIc. The term ‘intellectual property rights’ refers to copyright and related rights only, including sui generis forms of protection. Section 2 of Chapter VIIc does not apply to data or documents covered by industrial property rights, such as patents and registered designs and trade marks.