Swedish Parliament

Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND THE COUNCIL_amending European Parliament and Council Directive 2003/98/EC on the re-use of public sector information

Scrutiny details

Subsidiarity deadline: 07/02/2012
 
Scrutiny Information

Scrutiny date: 10/09/2012

  A reasoned opinion has been sent

No Important information to exchange

No Veto

Information on parliamentary scrutiny

Referred to the Committee on Finance.

The Committee has concluded that the proposal is in breach of the principle of subsidiarity. A proposal for a reasoned opinion has been submitted to the Chamber for consideration in statement 2011/12:FiU36 Subsidiaritetsprövning av förslag till direktiv om ändring av direktiv 2003/98/EG om vidareutnyttjande av information från den offentliga sektorn.

The statement has been debated and decided upon by the Chamber. Consideration concluded with the Chamber adopting a reasoned opinion.

The Commission's reply to the statement from the Swedish Parliament has been received.


Statement by the Committee on Finance 2011/12:FiU34
Subsidiarity check of Proposal for a Directive amending Directive 2003/98/EC on the re-use of public sector information

Summary
Subsidiarity check of Proposal from the Commission for a Directive amending Directive 2003/98/EC on the re-use of public sector information (COM (2011) 877 Final). In the opinion of the Committee, the proposal as it is currently worded is not compliant with the principle of subsidiarity.
The Committee therefore proposes that the Riksdag should submit a reasoned opinion to the Presidents of the European Parliament, the Council and the Commission, in accordance with Chapter 10, Article 6 of the Riksdag Act. The Committee proposes that the matter be determined after it has been tabled.

The Committee’s proposal for a decision by the Riksdag
The Riksdag should decide to submit a reasoned opinion to the Presidents of the European Parliament, the Council and the Commission with the wording set out in appendix 2.

The position of the Committee
The Committee welcomes the Commission’s continued work to facilitate the re-use of public sector information. Like the Commission, the Committee considers that further action is needed to unlock the full potential of re-use of public sector information.

However, the Committee is of the opinion that the proposal that procedures for review in the member states of decisions regarding re-use of public sector information should include an independent regulator with special legal authority to conduct evaluations is not compliant with the principle of subsidiarity. The same applies to the proposal that such an independent regulator should approve exceptions to the proposed rules on charges.

In the opinion of the Committee, it should be the task of each member state to establish procedures for appeals and evaluation of decisions on re-use of information and for approval of exceptions to the proposed rules on charges. These can then be drawn up in accordance with the constitutional conditions of each member state. The issue of how authorities are to be organised is a national responsibility and there is no reason to lay down at EU level the organisational measures to be taken by a member state.

It is therefore the opinion of the Committee, that effective procedures for review and evaluation of decisions regarding the re-use of information and for monitoring of the application of the rules on charges are best achieved by means of national rules.

The Committee is thus of the opinion that the Commission’s proposal conflicts with the principle of subsidiarity and proposes that the Riksdag submit a reasoned opinion to the Presidents of the European Parliament, the Council and the Commission with the wording presented in appendix 2.

 


 
APPENDIX 2
Reasoned opinion of the Riksdag
The Proposal from the Commission for a Directive amending Directive 2003/98/EC on the re-use of public sector information (COM (2011) 877 Final), as presented in Statement 2011/12:FiU36 from the Committee on Finance, has been examined by the Riksdag on the basis of the application of the principle of subsidiarity.

The Riksdag welcomes the Commission’s continued work to facilitate the re-use of public sector information. Like the Commission, the Riksdag considers that further action is needed to unlock the full potential of re-use of public sector information.

However, the Riksdag is of the opinion that the proposal that procedures for review in the member states of decisions regarding re-use of public sector information should include an independent regulator with special legal authority to conduct evaluations is not compliant with the principle of subsidiarity. The same applies to the proposal that such an independent regulator should approve exceptions to the proposed rules on charges.

In the opinion of the Riksdag, it should be the task of each member state to establish procedures for appeals and evaluation of decisions on re-use of information and for approval of exceptions to the proposed rules on charges. These can then be drawn up in accordance with the constitutional conditions of each member state. The issue of how authorities are to be organised is a national responsibility and there is no reason to lay down at EU level the organisational measures to be taken by a member state.

It is therefore the opinion of the Riksdag, that effective procedures for review and evaluation of decisions regarding the re-use of information and for monitoring of the application of the rules on charges are best achieved by means of national rules.

In the view of the Riksdag, the Commission should present a reworked proposal corresponding to the proposal now considered by the Riksdag, but with the amendment that the forms for review and evaluation and for approval of exceptions from rules on charges should not be regulated at EU level.


Lisbon Treaty procedures
 
  Reasoned opinion

02/02/2012 | Reasoned opinion of the Riksdag

A reasoned opinion was transmitted to the European Parliament, the Council and the Commission on 2 February 2012

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