Commission Decision of 12 December 2011 on the Reuse of Commission Documents (2011/833/EU). European Commission 54:39–42.
Commission Decision of 12 December 2011 on the Reuse of Commission Documents (2011/833/EU) [link]Paper  abstract   bibtex   
[Excerpt] [...] [:Article 1] [::Subject matter] This Decision determines the conditions for the reuse of documents held by the Commission or on its behalf by the Publications Office of the European Union (the Publications Office) with the aim of facilitating a wider reuse of information, enhancing the image of openness of the Commission, and avoiding unnecessary administrative burdens for reusers and the Commission services alike. [:Article 2] [::Scope] [::1] This Decision applies to public documents produced by the Commission or by public and private entities on its behalf: [::(a)] which have been published by the Commission or by the Publications Office on its behalf through publications, websites or dissemination tools; or [::(b)] which have not been published for economic or other practical reasons, such as studies, reports and other data. [::2] This Decision shall not apply: [::(a)] to software or to documents covered by industrial property rights such as patents, trademarks, registered designs, logos and names; [::(b)] to documents for which the Commission is not in a position to allow their reuse in view of intellectual property rights of third parties; [::(c)] to documents which pursuant to the rules established in Regulation (EC) No 1049/2001 are excluded from access or only made accessible to a party under specific rules governing privileged access; [::(d)] to confidential data, as defined in Regulation (EC) No 223/2009 of the European Parliament and of the Council (6); [::(e)] to documents resulting from ongoing research projects conducted by the staff of the Commission which are not published or available in a published database, and whose reuse would interfere with the validation of provisional research results or where reuse would constitute a reason to refuse registration of industrial property rights in the Commission's favour. [::3] This Decision is without prejudice to and in no way affects Regulation (EC) No 1049/2001. [::4] Nothing in this Decision authorises reuse of documents in a manner calculated to deceive or to defraud. The Commission shall take the appropriate measures to protect the interests and the public image of the EU in accordance to applicable rules. [:Article 3] [::Definitions] For the purposes of this Decision, the following definitions shall apply: [::(1)] 'document' means: [::(a)] any content whatever its medium (written on paper or stored in electronic form or as a sound, visual or audiovisual recording); [::(b)] any part of such content; [::(2)] 'reuse' means the use of documents by persons or legal entities of documents, for commercial or non-commercial purposes other than the initial purpose for which the documents were produced. The exchange of documents between the Commission and other public sector bodies which use these documents purely in the pursuit of their public tasks does not constitute reuse; [::(3)] 'personal data' means data as defined in Article 2(a) of Regulation (EC) No 45/2001; [::(4)] 'licence' means the granting of permission to reuse documents under specified conditions. 'Open licence' means a licence where reuse of documents is permitted for all specified uses in a unilateral declaration by the rightholder; [::(5)] 'machine-readable' means that digital documents are sufficiently structured for software applications to identify reliably individual statements of fact and their internal structure; [::(6)] 'structured data' is data organised in a way that allows reliable identification of individual statements of fact and all their components, as exemplified in databases and spreadsheets; [::(7)] 'portal' refers to a single point of access to data from a variety of web sources. The sources generate both the data and the related metadata. The metadata needed for indexing are automatically harvested by the portal and integrated to the extent needed to support common functionalities such as search and linking. The portal may also cache data from the contributing sources in order to improve performance or provide additional functionalities. [:Article 4] [::General principle] All documents shall be available for reuse: [::(a)] for commercial or non-commercial purposes under the conditions laid down in Article 6; [::(b)] without charge, subject to the provisions laid down in Article 9; and [::(c)] without the need to make an individual application, unless otherwise provided in Article 7. [\n] This Decision shall be implemented in full respect of the rules on the protection of individuals with regard to the processing of personal data, and in particular Regulation (EC) No 45/2001. [:Article 5] [::Data portal] The Commission shall set up a data portal as a single point of access to its structured data so as to facilitate linking and reuse for commercial and non-commercial purposes. [\n] Commission services will identify and progressively make available suitable data in their possession. The data portal may provide access to data of other Union institutions, bodies, offices and agencies at their request. [:Article 6] [::Conditions for reuse of documents] [::1] Documents shall be made available for reuse without application unless otherwise specified and without restrictions or, where appropriate, an open licence or disclaimer setting out conditions explaining the rights of reusers. [::2] Those conditions, which shall not unnecessarily restrict possibilities for reuse, may include the following: [::(a)] the obligation for the reuser to acknowledge the source of the documents; [::(b)] the obligation not to distort the original meaning or message of the documents; [::(c)] the non-liability of the Commission for any consequence stemming from the reuse. Where it is necessary to apply other conditions to a particular class of documents, the inter-service group referred to in Article 12 will be consulted. [\n] [...]
@article{europeancommissionCommissionDecision122011,
  title = {Commission {{Decision}} of 12 {{December}} 2011 on the Reuse of {{Commission}} Documents (2011/833/{{EU}})},
  author = {{European Commission}},
  date = {2011-12},
  journaltitle = {Official Journal of the European Union},
  volume = {54},
  pages = {39--42},
  issn = {1977-0677},
  url = {http://data.europa.eu/eli/dec/2011/833/oj},
  abstract = {[Excerpt] [...] [:Article 1] [::Subject matter] This Decision determines the conditions for the reuse of documents held by the Commission or on its behalf by the Publications Office of the European Union (the Publications Office) with the aim of facilitating a wider reuse of information, enhancing the image of openness of the Commission, and avoiding unnecessary administrative burdens for reusers and the Commission services alike.

[:Article 2]

[::Scope]

[::1] This Decision applies to public documents produced by the Commission or by public and private entities on its behalf:

[::(a)] which have been published by the Commission or by the Publications Office on its behalf through publications, websites or dissemination tools; or

[::(b)] which have not been published for economic or other practical reasons, such as studies, reports and other data.

[::2] This Decision shall not apply:

[::(a)] to software or to documents covered by industrial property rights such as patents, trademarks, registered designs, logos and names;

[::(b)] to documents for which the Commission is not in a position to allow their reuse in view of intellectual property rights of third parties;

[::(c)] to documents which pursuant to the rules established in Regulation (EC) No 1049/2001 are excluded from access or only made accessible to a party under specific rules governing privileged access;

[::(d)] to confidential data, as defined in Regulation (EC) No 223/2009 of the European Parliament and of the Council (6);

[::(e)] to documents resulting from ongoing research projects conducted by the staff of the Commission which are not published or available in a published database, and whose reuse would interfere with the validation of provisional research results or where reuse would constitute a reason to refuse registration of industrial property rights in the Commission's favour.

[::3] This Decision is without prejudice to and in no way affects Regulation (EC) No 1049/2001.

[::4] Nothing in this Decision authorises reuse of documents in a manner calculated to deceive or to defraud. The Commission shall take the appropriate measures to protect the interests and the public image of the EU in accordance to applicable rules.

[:Article 3]

[::Definitions]

For the purposes of this Decision, the following definitions shall apply:

[::(1)]

'document' means:

[::(a)]

any content whatever its medium (written on paper or stored in electronic form or as a sound, visual or audiovisual recording);

[::(b)]

any part of such content;

[::(2)]

'reuse' means the use of documents by persons or legal entities of documents, for commercial or non-commercial purposes other than the initial purpose for which the documents were produced. The exchange of documents between the Commission and other public sector bodies which use these documents purely in the pursuit of their public tasks does not constitute reuse;

[::(3)]

'personal data' means data as defined in Article 2(a) of Regulation (EC) No 45/2001;

[::(4)]

'licence' means the granting of permission to reuse documents under specified conditions. 'Open licence' means a licence where reuse of documents is permitted for all specified uses in a unilateral declaration by the rightholder;

[::(5)]

'machine-readable' means that digital documents are sufficiently structured for software applications to identify reliably individual statements of fact and their internal structure;

[::(6)]

'structured data' is data organised in a way that allows reliable identification of individual statements of fact and all their components, as exemplified in databases and spreadsheets;

[::(7)]

'portal' refers to a single point of access to data from a variety of web sources. The sources generate both the data and the related metadata. The metadata needed for indexing are automatically harvested by the portal and integrated to the extent needed to support common functionalities such as search and linking. The portal may also cache data from the contributing sources in order to improve performance or provide additional functionalities.

[:Article 4]

[::General principle]

All documents shall be available for reuse:

[::(a)]

for commercial or non-commercial purposes under the conditions laid down in Article 6;

[::(b)]

without charge, subject to the provisions laid down in Article 9; and

[::(c)]

without the need to make an individual application, unless otherwise provided in Article 7.

[\textbackslash n] This Decision shall be implemented in full respect of the rules on the protection of individuals with regard to the processing of personal data, and in particular Regulation (EC) No 45/2001.

[:Article 5]

[::Data portal]

The Commission shall set up a data portal as a single point of access to its structured data so as to facilitate linking and reuse for commercial and non-commercial purposes.

[\textbackslash n] Commission services will identify and progressively make available suitable data in their possession. The data portal may provide access to data of other Union institutions, bodies, offices and agencies at their request.

[:Article 6]

[::Conditions for reuse of documents]

[::1] Documents shall be made available for reuse without application unless otherwise specified and without restrictions or, where appropriate, an open licence or disclaimer setting out conditions explaining the rights of reusers.

[::2] Those conditions, which shall not unnecessarily restrict possibilities for reuse, may include the following:

[::(a)]

the obligation for the reuser to acknowledge the source of the documents;

[::(b)]

the obligation not to distort the original meaning or message of the documents;

[::(c)]

the non-liability of the Commission for any consequence stemming from the reuse.

Where it is necessary to apply other conditions to a particular class of documents, the inter-service group referred to in Article 12 will be consulted.

[\textbackslash n] [...]},
  issue = {L 330},
  keywords = {*imported-from-citeulike-INRMM,~INRMM-MiD:c-13912725,european-commission,free-scientific-knowledge,knowledge-freedom,legislation,open-access,open-data,scientific-knowledge-sharing}
}

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