A number of policy options have been considered, both legislative and non-legislative. Some options were rejected at an early stage, while the options retained for an in-depth assessment were two packages of legislative and non-legislative measures — one consisting of measures of higher intensity, and one of lower intensity measures.
The preferred choice is the package with a lower intensity of intervention, based on the following elements:
•Dynamic data/APIs: A ‘soft’ obligation for Member States to make dynamic data available in a timely manner and to introduce APIs. For a limited number of fundamental high-value datasets (to be adopted by means of a Delegated Act), there will be a hard obligation to do so.
•Charging: Tighten the rules for invoking the exceptions to the general rule whereby public sector bodies cannot charge more than marginal costs for dissemination. Create a list of fundamental high-value datasets that should be freely available in all Member States (same datasets as above, to be adopted by means of a Delegated Act).
•Data in the transport and utilities sectors: Only public undertakings will be covered, and a limited set of obligations will apply. Public undertakings can charge prices higher than marginal costs for dissemination and are under no obligation to release data. If they do release data, they will be covered by transparency, non-discrimination and non-exclusivity requirements.
•Research data: Member States will be obliged to develop policies for open access to research data resulting from publicly funded research. However, they will be free to decide on how to implement these policies. The PSI Directive will also cover research data that has already been made accessible as a result of open access mandates, focusing on re-usability aspects.
•Non-exclusivity: Transparency requirements for public-private agreements involving public sector information (prior check, possibly by national competition authorities, and openness of the actual agreement).
These measures will be combined with an update of the recommendation on access to and preservation of scientific information and clarification of the interaction between the PSI Directive and the Database and INSPIRE Directives.