CHAPTER IV

NON-DISCRIMINATION AND FAIR TRADING

Prohibition of exclusive arrangements
Article 11
1
The re-use of documents shall be open to all potential actors in the market, even if one or more market players already exploit added-value products based on these documents. Contracts or other arrangements between the public sector bodies holding the documents and third parties shall not grant exclusive rights.
2
However, where an exclusive right is necessary for the provision of a service in the public interest, the validity of the reason for granting such an exclusive right shall be subject to regular review, and shall, in any event, be reviewed every three years. The exclusive arrangements established after the entry into force of this Directive shall be transparent and made public.
This paragraph shall not apply to digitisation of cultural resources.
2a
Notwithstanding paragraph 1, where an exclusive right relates to digitisation of cultural resources, the period of exclusivity shall in general not exceed 10 years. In case where that period exceeds 10 years, its duration shall be subject to review during the 11th year and, if applicable, every seven years thereafter.
The arrangements granting exclusive rights referred to in the first subparagraph shall be transparent and made public.
In the case of an exclusive right referred to in the first subparagraph, the public sector body concerned shall be provided free of charge with a copy of the digitised cultural resources as part of those arrangements. That copy shall be available for re-use at the end of the period of exclusivity.
3
Exclusive arrangements existing on
1 July 2005
that do not qualify for the exceptions under paragraph 2 shall be terminated at the end of the contract or in any event not later than
31 December 2008
.
4
Without prejudice to paragraph 3, exclusive arrangements existing on
17 July 2013
that do not qualify for the exceptions under paragraphs 2 and 2a shall be terminated at the end of the contract or in any event not later than
18 July 2043
.
Substituted by Directive 2013/37/EU of the European Parliament and of the Council of 26 June 2013 amending Directive 2003/98/EC on the re-use of public sector information (Text with EEA relevance).
Inserted by Directive 2013/37/EU of the European Parliament and of the Council of 26 June 2013 amending Directive 2003/98/EC on the re-use of public sector information (Text with EEA relevance).