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Directive (EU) 2019/1024 of the European Parliament and of the CouncilShow full title

Directive (EU) 2019/1024 of the European Parliament and of the Council of 20 June 2019 on open data and the re-use of public sector information (recast)

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Article 6U.K.Principles governing charging

1.The re-use of documents shall be free of charge.

However, the recovery of the marginal costs incurred for the reproduction, provision and dissemination of documents as well as for anonymisation of personal data and measures taken to protect commercially confidential information may be allowed.

2.By way of exception, paragraph 1 shall not apply to the following:

(a)public sector bodies that are required to generate revenue to cover a substantial part of their costs relating to the performance of their public tasks;

(b)libraries, including university libraries, museums and archives;

(c)public undertakings.

3.Member States shall publish online a list of the public sector bodies referred to in point (a) of paragraph 2.

4.In the cases referred to in points (a) and (c) of paragraph 2, the total charges shall be calculated in accordance with objective, transparent and verifiable criteria. Such criteria shall be laid down by Member States.

The total income from supplying and allowing the re-use of documents over the appropriate accounting period shall not exceed the cost of their collection, production, reproduction, dissemination and data storage, together with a reasonable return on investment, and — where applicable — the anonymisation of personal data and measures taken to protect commercially confidential information.

Charges shall be calculated in accordance with the applicable accounting principles.

5.Where charges are made by the public sector bodies referred to in point (b) of paragraph 2, the total income from supplying and allowing the re-use of documents over the appropriate accounting period shall not exceed the cost of collection, production, reproduction, dissemination, data storage, preservation and rights clearance and, where applicable, the anonymisation of personal data and measures taken to protect commercially confidential information, together with a reasonable return on investment.

Charges shall be calculated in accordance with the accounting principles applicable to the public sector bodies involved.

6.The re-use of the following shall be free of charge for the user:

(a)subject to Article 14(3), (4) and (5), the high-value datasets, as listed in accordance with paragraph 1 of that Article;

(b)research data referred to in point (c) of Article 1(1).

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