Directive 2003/98 - Re-use of public sector information - Main contents
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Directive 2003/98/EC of the European Parliament and of the Council of 17 November 2003 on the re-use of public sector informationLegal instrument | Directive |
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Number legal act | Directive 2003/98 |
Original proposal | COM(2002)207 ![]() |
CELEX number i | 32003L0098 |
Document | 17-11-2003 |
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Publication in Official Journal | 31-12-2003; Special edition in Bulgarian: Chapter 13 Volume 041,Special edition in Croatian: Chapter 13 Volume 047,OJ L 345, 31.12.2003,Special edition in Slovak: Chapter 13 Volume 032,Special edition in Slovenian: Chapter 13 Volume 032,Special edition in Maltese: Chapter 13 Volume 032,Special edition in Lithuanian: Chapter 13 Volume 032,Special edition in Estonian: Chapter 13 Volume 032,Special edition in Polish: Chapter 13 Volume 032,Special edition in Czech: Chapter 13 Volume 032,Special edition in Latvian: Chapter 13 Volume 032,Special edition in Hungarian: Chapter 13 Volume 032,Special edition in Romanian: Chapter 13 Volume 041 |
Effect | 31-12-2003; Entry into force Date pub. See Art 14 |
End of validity | 16-07-2021; Repealed by 32019L1024 |
Transposition | 01-07-2005; At the latest See Art 12 |
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Directive 2003/98/EC of the European Parliament and of the Council of 17 November 2003 on the re-use of public sector information
Official Journal L 345 , 31/12/2003 P. 0090 - 0096
Directive 2003/98/EC of the European Parliament and of the Council
of 17 November 2003
on the re-use of public sector information
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,
Having regard to the proposal from the Commission(1),
Having regard to the opinion of the European Economic and Social Committee(2),
Having regard to the opinion of the Committee of the Regions(3),
Acting in accordance with the procedure set out in Article 251 of the Treaty(4),
Whereas:
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(1)The Treaty provides for the establishment of an internal market and of a system ensuring that competition in the internal market is not distorted. Harmonisation of the rules and practices in the Member States relating to the exploitation of public sector information contributes to the achievement of these objectives.
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(2)The evolution towards an information and knowledge society influences the life of every citizen in the Community, inter alia, by enabling them to gain new ways of accessing and acquiring knowledge.
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(3)Digital content plays an important role in this evolution. Content production has given rise to rapid job creation in recent years and continues to do so. Most of these jobs are created in small emerging companies.
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(4)The public sector collects, produces, reproduces and disseminates a wide range of information in many areas of activity, such as social, economic, geographical, weather, tourist, business, patent and educational information.
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(5)One of the principal aims of the establishment of an internal market is the creation of conditions conducive to the development of Community-wide services. Public sector information is an important primary material for digital content products and services and will become an even more important content resource with the development of wireless content services. Broad cross-border geographical coverage will also be essential in this context. Wider possibilities of re-using public sector information should inter alia allow European companies to exploit its potential and contribute to economic growth and job creation.
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(6)There are considerable differences in the rules and practices in the Member States relating to the exploitation of public sector information resources, which constitute barriers to bringing out the full economic potential of this key document resource. Traditional practice in public sector bodies in exploiting public sector information has developed in very disparate ways. That should be taken into account. Minimum harmonisation of national rules and practices on the re-use of public sector documents should therefore be undertaken, in cases where the differences in national regulations and practices or the absence of clarity hinder the smooth functioning of the internal market and the proper development of the information society in the Community.
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(7)Moreover, without minimum harmonisation at Community level, legislative activities at national level, which have already been initiated in a number of Member States in order to respond to the technological challenges, might result in even more significant differences. The impact of such legislative differences and uncertainties will become more significant with the further development of the information society, which has already greatly increased cross-border exploitation of information.
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(8)A general framework for the conditions governing re-use of public sector documents is needed in order to ensure fair, proportionate and non-discriminatory conditions for the re-use of...
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