Digital Omnibus proposal· Recital 25

1 amendment would delete the whole recital: members of S&D.

1. 15 ~Alternative Alex Agius Saliba (rapporteur)Rapporteur · IMCO “Start-ups, small enterprises and enterprises that qualify as medium-sized enterprises under Article 2 of the Annex to Commission Recommendation…”

   (25) Start-ups, small enterprises and enterprises that qualify as medium-sized enterprises under Article 2 of the Annex to Commission Recommendation 2003/361/EC¹³ and enterprises from sectors with less-developed digital capabilities struggle to re-use data and documents. At the same time a few very large entities have emerged with considerable economic power in the digital economy through the accumulation and aggregation of vast volumes of data and the technological infrastructure for monetising them. Those very large enterprises include undertakings that provide core platform services and are designated as gatekeepers under Regulation (EU) 2022/1925 of the European Parliament and of the Council¹⁴ and subject to special obligations to address the imbalances. To address those imbalances and strengthen competition and innovation, public sector bodies should be able to introduce special conditions in licences pertaining to the re-use of data and documents by very large enterprises. Any such conditions should be proportionate, be based on objective criteria, taking into consideration the economic power, the entity’s ability to acquire data or the designation as a gatekeeper under Regulation €EU 2022/1925, other such criteria, where appropriate. Such special conditions may, inter alia, pertain to the charges and fees or the purposes of re-use.

   Rapporteur

   Alex Agius Saliba

   Group

   Rapporteur

   Targets

   Digital Omnibus proposal Recital 25

   Document

   IMCO draft opinion

   Source

   Official text, pages 17–18

   Printed header

   Recital 25

   Links

   Link to this amendment
   Cite this amendment

2. 106 ~Alternative David CormandGreens/EFA · JURI “Such charges and fees may apply exceptionally pertaining to open data, in conformity with the provisions of Directive (EU) 2019/1024 on open data and…”

   (25) Start-ups, small enterprises and enterprises that qualify as medium-sized enterprises under Article 2 of the Annex to Commission Recommendation 2003/361/EC¹³ and enterprises from sectors with less-developed digital capabilities struggle to re-use data and documents. At the same time a few very large entities have emerged with considerable economic power in the digital economy through the accumulation and aggregation of vast volumes of data and the technological infrastructure for monetising them. Those very large enterprises include undertakings that provide core platform services and are designated as gatekeepers under Regulation (EU) 2022/1925 of the European Parliament and of the Council¹⁴ and subject to special obligations to address the imbalances. To address those imbalances and strengthen competition and innovation, public sector bodies should be able to introduce special conditions in licences pertaining to the re-use of data and documents by very large enterprises. Any such conditions should be proportionate, be based on objective criteria, taking into consideration the economic power, the entity’s ability to acquire data or the designation as a gatekeeper under Regulation € 2022/1925, other such criteria, where appropriate. Such special conditions may, inter alia, pertain to the charges and fees or the purposes of re-use. Such charges and fees may apply exceptionally pertaining to open data, in conformity with the provisions of Directive (EU) 2019/1024 on open data and the re-use of public sector information establishing the principle of open licences for such data and content, to be freely accessed, used, modified and shared by anyone for any purpose, and which rely on open data formats;

   Tabled by

   David Cormand

   Group

   Greens/EFA

   Targets

   Digital Omnibus proposal Recital 25

   Document

   JURI amendments 69–296 to the draft opinion

   Source

   Official text, pages 37–39

   Printed header

   Recital 25

   Links

   Link to this amendment
   Cite this amendment

3. 107 ~Alternative Victor NegrescuS&D · JURI “At the same time, licences for start-ups, small enterprises and medium-sized enterprises should be designed to facilitate their effective re-use of…”

   (25) Start-ups, small enterprises and enterprises that qualify as medium-sized enterprises under Article 2 of the Annex to Commission Recommendation 2003/361/EC¹³ and enterprises from sectors with less-developed digital capabilities struggle to re-use data and documents. At the same time a few very large entities have emerged with considerable economic power in the digital economy through the accumulation and aggregation of vast volumes of data and the technological infrastructure for monetising them. Those very large enterprises include undertakings that provide core platform services and are designated as gatekeepers under Regulation (EU) 2022/1925 of the European Parliament and of the Council¹⁴ and subject to special obligations to address the imbalances. To address those imbalances and strengthen competition and innovation, public sector bodies should be able to introduce special conditions in licences pertaining to the re-use of data and documents by very large enterprises. Any such conditions should be proportionate, be based on objective criteria, taking into consideration the economic power, the entity’s ability to acquire data or the designation as a gatekeeper under Regulation € 2022/1925, other such criteria, where appropriate. Such special conditions may, inter alia, pertain to the charges and fees or the purposes of re-use. At the same time, licences for start-ups, small enterprises and medium-sized enterprises should be designed to facilitate their effective re-use of data and documents, by limiting charges and fees to cost recovery, using standard licences and minimising administrative complexity, in order to support innovation, competition and cohesion in the internal market.

   Tabled by

   Victor Negrescu

   Group

   S&D

   Targets

   Digital Omnibus proposal Recital 25

   Document

   JURI amendments 69–296 to the draft opinion

   Source

   Official text, pages 39–40

   Printed header

   Recital 25

   Links

   Link to this amendment
   Cite this amendment

4. 108 ~Alternative Emil RadevEPP · JURI “Start-ups, small enterprises and enterprises that qualify as medium-sized enterprises under Article 2 of the Annex to Commission Recommendation…”

   (25) Start-ups, small enterprises and enterprises that qualify as medium-sized enterprises under Article 2 of the Annex to Commission Recommendation 2003/361/EC¹³ and enterprises from sectors with less-developed digital capabilities struggle to re-use data and documents. At the same time a few very large entities have emerged with considerable economic power in the digital economy through the accumulation and aggregation of vast volumes of data and the technological infrastructure for monetising them. Those very large enterprises include undertakings that provide core platform services and are designated as gatekeepers under Regulation (EU) 2022/1925 of the European Parliament and of the Council¹⁴ and subject to special obligations to address the imbalances. To address those imbalances and strengthen competition and innovation, public sector bodies should be able to introduce special conditions in licences pertaining to the re-use of data and documents by very large enterprises. Any such conditions should be proportionate, be based on objective criteria, taking into consideration the economic power, the entity’s ability to acquire data or the designation as a gatekeeper under Regulation €(EU) 2022/1925, other such criteria, where appropriate. Such special conditions may, inter alia, pertain to the charges and fees or the purposes of re-use.

   Tabled by

   Emil Radev

   Group

   EPP

   Targets

   Digital Omnibus proposal Recital 25

   Document

   JURI amendments 69–296 to the draft opinion

   Source

   Official text, pages 40–42

   Printed header

   Recital 25

   Links

   Link to this amendment
   Cite this amendment

5. 154 ~Alternative David CormandGreens/EFA · IMCO “Such charges and fees may apply exceptionally pertaining to open data, in conformity with the provisions of Directive (EU) 2019/1024 on open data and…”

   (25) Start-ups, small enterprises and enterprises that qualify as medium-sized enterprises under Article 2 of the Annex to Commission Recommendation 2003/361/EC¹³ and enterprises from sectors with less-developed digital capabilities struggle to re-use data and documents. At the same time a few very large entities have emerged with considerable economic power in the digital economy through the accumulation and aggregation of vast volumes of data and the technological infrastructure for monetising them. Those very large enterprises include undertakings that provide core platform services and are designated as gatekeepers under Regulation (EU) 2022/1925 of the European Parliament and of the Council¹⁴ and subject to special obligations to address the imbalances. To address those imbalances and strengthen competition and innovation, public sector bodies should be able to introduce special conditions in licences pertaining to the re-use of data and documents by very large enterprises. Any such conditions should be proportionate, be based on objective criteria, taking into consideration the economic power, the entity’s ability to acquire data or the designation as a gatekeeper under Regulation € 2022/1925, other such criteria, where appropriate. Such special conditions may, inter alia, pertain to the charges and fees or the purposes of re-use. Such charges and fees may apply exceptionally pertaining to open data, in conformity with the provisions of Directive (EU) 2019/1024 on open data and the re-use of public sector information establishing the principle of open licences for such data and content, to be freely accessed, used, modified and shared by anyone for any purpose, and which rely on open data formats;

   Justification

   Wording from the Open Data Directive (ODD), recital 44.

   Tabled by

   David Cormand on behalf of the Verts/ALE Group

   Group

   Greens/EFA

   Targets

   Digital Omnibus proposal Recital 25

   Document

   IMCO amendments 125–328 to the draft opinion

   Source

   Official text, pages 29–30

   Printed header

   Recital 25

   Links

   Link to this amendment
   Cite this amendment

6. 155 ~Alternative Sophia KircherEPP · IMCO “Start-ups, small enterprises and enterprises that qualify as medium-sized enterprises under Article 2 of the Annex to Commission Recommendation…”

   (25) Start-ups, small enterprises and enterprises that qualify as medium-sized enterprises under Article 2 of the Annex to Commission Recommendation 2003/361/EC¹³ and enterprises from sectors with less-developed digital capabilities struggle to re-use data and documents. At the same time a few very large entities have emerged with considerable economic power in the digital economy through the accumulation and aggregation of vast volumes of data and the technological infrastructure for monetising them. Those very large enterprises include undertakings that provide core platform services and are designated as gatekeepers under Regulation (EU) 2022/1925 of the European Parliament and of the Council¹⁴ and subject to special obligations to address the imbalances. To address those imbalances and strengthen competition and innovation, public sector bodies should be able to introduce special conditions in licences pertaining to the re-use of data and documents by very large enterprises. Any such conditions should be proportionate, be based on objective criteria, taking into consideration the economic power, the entity’s ability to acquire data or the designation as a gatekeeper under Regulation € 2022/1925, other such criteria, where appropriate. Such special conditions may, inter alia, pertain to the charges and fees or the purposes of re-use.

   Tabled by

   Sophia Kircher

   Group

   EPP

   Targets

   Digital Omnibus proposal Recital 25

   Document

   IMCO amendments 125–328 to the draft opinion

   Source

   Official text, pages 31–32

   Printed header

   Recital 25

   Links

   Link to this amendment
   Cite this amendment

7. 195 −Deletion Elena Sancho Murillo +6S&D · ITRE–LIBE Deletes the recital

   (25) Start-ups, small enterprises and enterprises that qualify as medium-sized enterprises under Article 2 of the Annex to Commission Recommendation 2003/361/EC¹³ and enterprises from sectors with less-developed digital capabilities struggle to re-use data and documents. At the same time a few very large entities have emerged with considerable economic power in the digital economy through the accumulation and aggregation of vast volumes of data and the technological infrastructure for monetising them. Those very large enterprises include undertakings that provide core platform services and are designated as gatekeepers under Regulation (EU) 2022/1925 of the European Parliament and of the Council¹⁴ and subject to special obligations to address the imbalances. To address those imbalances and strengthen competition and innovation, public sector bodies should be able to introduce special conditions in licences pertaining to the re-use of data and documents by very large enterprises. Any such conditions should be proportionate, be based on objective criteria, taking into consideration the economic power, the entity’s ability to acquire data or the designation as a gatekeeper under Regulation € 2022/1925, other such criteria, where appropriate. Such special conditions may, inter alia, pertain to the charges and fees or the purposes of re-use.

   Justification

   The recital is deleted because it introduces an unnecessary shift away from the principles underpinning the Open Data Directive. The objective of addressing imbalances linked to very large enterprises can be achieved through proportionate charging mechanisms, rather than through actor-specific licensing conditions. Such licensing restrictions risk fragmenting the open data ecosystem, discouraging standard licences and limiting the ability of researchers, innovators and open knowledge projects to reuse and combine public sector information.

   Tabled by

   Elena Sancho Murillo, Marina Kaljurand, Brando Benifei, José Cepeda, Lina Gálvez, Francisco Assis, Alex Agius Saliba

   Group

   S&D

   Targets

   Digital Omnibus proposal Recital 25

   Document

   ITRE–LIBE amendments 79–250 to the draft report

   Source

   Official text, pages 110–111

   Printed header

   Recital 25

   Links

   Link to this amendment
   Cite this amendment

8. 196 ~Alternative João OliveiraThe Left · ITRE–LIBE “address those imbalances, including withholding”

   (25) Start-ups, small enterprises and enterprises that qualify as medium-sized enterprises under Article 2 of the Annex to Commission Recommendation 2003/361/EC¹³SMEs and enterprises from sectors with less-developed digital capabilities struggle to re-use data and documents. At the same time a few very large entities have emerged with considerable economic power in the digital economy through the accumulation and aggregation of vast volumes of data and the technological infrastructure for monetising them. Those very large enterprises include undertakings that provide core platform services and are designated as gatekeepers under Regulation (EU) 2022/1925 of the European Parliament and of the Council¹⁴ and subject to special obligations to address the imbalances. To address those imbalances and strengthen competition and innovation, public sector bodies should be able to introduce special conditions in licences pertaining to the re-use of data and documents by very large enterprises. Any such conditions should be proportionate, be based on objective criteria, taking into consideration the economic power, the entity’s ability to acquire data or the designation as a gatekeeper under Regulation € 2022/1925, other such criteria, where appropriate. Such special conditions may, inter alia, pertain to the charges and fees or the purposes of re-use.At the same time, very large entities which have acquired considerable economic power in the digital economy through the accumulation and aggregation of vast volumes of data and the technological infrastructure for monetising them, including those designated as gatekeepers, are generating considerable imbalances in data re-use regimes. Public sector bodies should be able to take specific measures in order to address those imbalances, including withholding the data in question, while taking into consideration the economic power and data acquisition capacities of those entities.

   Tabled by

   João Oliveira

   Group

   The Left

   Targets

   Digital Omnibus proposal Recital 25

   Document

   ITRE–LIBE amendments 79–250 to the draft report

   Source

   Official text, pages 111–113

   Printed header

   Recital 25

   Links

   Link to this amendment
   Cite this amendment

9. 197 ~Alternative Markus BuchheitESN · ITRE–LIBE “not, however, justify discriminatory licensing conditions for other undertakings. Access”

   (25) Start-ups, small enterprises and enterprises that qualify as medium-sized enterprises under Article 2 of the Annex to Commission Recommendation 2003/361/EC¹³ and enterprises from sectors with less-developed digital capabilities struggle to re-use data and documents.Start-ups, small and medium-sized enterprises deserve targeted relief. That does not, however, justify discriminatory licensing conditions for other undertakings. Access to public sector data and documents should be transparent, objective and non-discriminatory. At the same time a few very large entities have emerged with considerable economic power in the digital economy through the accumulation and aggregation of vast volumes of data and the technological infrastructure for monetising them. Those very large enterprises include undertakings that provide core platform services and are designated as gatekeepers under Regulation (EU) 2022/1925 of the European Parliament and of the Council¹⁴ and subject to special obligations to address the imbalances.Questions of market dominance should be addressed through competition law and, where appropriate, Regulation (EU) 2022/1925. To address those imbalances and strengthen competition and innovation, public sector bodies should be able to introduce special conditions in licences pertaining to the re-use of data and documents by very large enterprises. Any such conditions should be proportionate, be based on objective criteria, taking into consideration the economic power, the entity’s ability to acquire data or the designation as a gatekeeper under Regulation € 2022/1925, other such criteria, where appropriate. Such special conditions may, inter alia, pertain to the charges and fees or the purposes of re-use.

   Tabled by

   Markus Buchheit

   Group

   ESN

   Targets

   Digital Omnibus proposal Recital 25

   Document

   ITRE–LIBE amendments 79–250 to the draft report

   Source

   Official text, pages 113–114

   Printed header

   Recital 25

   Links

   Link to this amendment
   Cite this amendment

10. 198 ~Alternative Michael McNamara +4Renew · ITRE–LIBE “Start-ups, small enterprises and enterprises that qualify as medium-sized enterprises under Article 2 of the Annex to Commission Recommendation…”

    (25) Start-ups, small enterprises and enterprises that qualify as medium-sized enterprises under Article 2 of the Annex to Commission Recommendation 2003/361/EC¹³ and enterprises from sectors with less-developed digital capabilities struggle to re-use data and documents. At the same time a few very large entities have emerged with considerable economic power in the digital economy through the accumulation and aggregation of vast volumes of data and the technological infrastructure for monetising them. Those very large enterprises include undertakings that provide core platform services and are designated as gatekeepers under Regulation (EU) 2022/1925 of the European Parliament and of the Council¹⁴ and subject to special obligations to address the imbalances. To address those imbalances and strengthen competition and innovation, public sector bodies should be able to introduce special conditions in licences pertaining to the re-use of data and documents by very large enterprises. Any such conditions should be proportionate, be based on objective criteria, taking into consideration the economic power, the entity’s ability to acquire data or the designation as a gatekeeper under Regulation € 2022/1925, other such criteria, where appropriate. Such special conditionswhich may, inter alia, pertain to the charges and fees or the purposes of re-use.

    Tabled by

    Michael McNamara, Irena Joveva, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová, Christophe Grudler

    Group

    Renew

    Targets

    Digital Omnibus proposal Recital 25

    Document

    ITRE–LIBE amendments 79–250 to the draft report

    Source

    Official text, pages 114–115

    Printed header

    Recital 25

    Links

    Link to this amendment
    Cite this amendment

11. 199 ~Alternative Dario TamburranoThe Left · ITRE–LIBE “differentiated treatment should not take the form of actor-specific licensing conditions and should not undermine the use of standard open licences…”

    (25) Start-ups, small enterprises and enterprises that qualify as medium-sized enterprises under Article 2 of the Annex to Commission Recommendation 2003/361/EC¹³ and enterprises from sectors with less-developed digital capabilities struggle to re-use data and documents. At the same time a few very large entities have emerged with considerable economic power in the digital economy through the accumulation and aggregation of vast volumes of data and the technological infrastructure for monetising them. Those very large enterprises include undertakings that provide core platform services and are designated as gatekeepers under Regulation (EU) 2022/1925 of the European Parliament and of the Council¹⁴ and subject to special obligations to address the imbalances. To address those imbalances and strengthen competition and innovation, public sector bodies should be able to introduceset specialout proportionate higher charges or differentiated technical service conditions in licences pertaining tofor the re-use of data and documents by very large enterprises. Any such conditions should be proportionate, be based on objective criteria, and taking into considerationaccount thetheir economic power, the entity’sor ability to acquire data or the designation as a gatekeeper under Regulation € 2022/1925, other such criteria, where appropriate. Such special conditions may, inter alia, pertain to the charges and fees or the purposes of re-use.Such differentiated treatment should not take the form of actor-specific licensing conditions and should not undermine the use of standard open licences, legal certainty or interoperability. Such differentiated technical service conditions may concern enhanced modes of access, including high-volume, high-frequency or real-time access, provided that they are objective, proportionate, transparent and non-discriminatory and do not alter the applicable licensing terms or restrict lawful re-use.

    Justification

    Economic asymmetries should be addressed through proportionate charges or technical access conditions, not through differentiated licenses that fragment the open data framework and prevent the combination and downstream re-use of public sector information.

    Tabled by

    Dario Tamburrano

    Group

    The Left

    Targets

    Digital Omnibus proposal Recital 25

    Document

    ITRE–LIBE amendments 79–250 to the draft report

    Source

    Official text, pages 115–117

    Printed header

    Recital 25

    Links

    Link to this amendment
    Cite this amendment

12. 200 ~Alternative Damian BoeselagerGreens/EFA · ITRE–LIBE “Start-ups, small enterprises and enterprises that qualify as medium-sized enterprises under Article 2 of the Annex to Commission Recommendation…”

    (25) Start-ups, small enterprises and enterprises that qualify as medium-sized enterprises under Article 2 of the Annex to Commission Recommendation 2003/361/EC¹³ and enterprises from sectors with less-developed digital capabilities struggle to re-use data and documents. At the same time a few very large entities have emerged with considerable economic power in the digital economy through the accumulation and aggregation of vast volumes of data and the technological infrastructure for monetising them. Those very large enterprises include undertakings that provide core platform services and are designated as gatekeepers under Regulation (EU) 2022/1925 of the European Parliament and of the Council¹⁴ and subject to special obligations to address the imbalances. To address those imbalances and strengthen competition and innovation, public sector bodies should be able toset introduceout specialhigher conditionsfees infor licences pertaining tosupplying the re-use of data and documents by very large enterprises. Any such conditionscharges should be proportionate, be based on objective criteria, taking into consideration the economic power, the entity’s ability to acquire data or the designation as a gatekeeper under Regulation € 2022/1925, other such criteria, where appropriate. Such special conditions may, inter alia, pertain to the charges and fees or the purposes of re-use.

    Tabled by

    Damian Boeselager on behalf of the Verts/ALE Group

    Group

    Greens/EFA

    Targets

    Digital Omnibus proposal Recital 25

    Document

    ITRE–LIBE amendments 79–250 to the draft report

    Source

    Official text, pages 117–118

    Printed header

    Recital 25

    Links

    Link to this amendment
    Cite this amendment