Commission Implementing Regulation (EU) 2023/138 of 21 December 2022 laying down a list of specific high-value datasets and the arrangements for their publication and re-use (Text with EEA relevance)

1 This Implementing Regulation establishes the list of high-value datasets belonging to the thematic categories set out in Annex I to Directive (EU) 2019/1024 and held by public sector bodies among the existing documents to which that Directive applies.

2 This Implementing Regulation also lays down the arrangements for publishing and reusing high-value datasets, in particular the applicable conditions for re-use and the minimum requirements for disseminating data via application programming interfaces (‘APIs’).

For the purposes of this Implementing Regulation, the following definitions shall apply: (1) The definitions set out in Article 2 of Directive (EU) 2019/1024 shall apply. (2) The definitions set out for datasets in the geospatial, earth observation and environment and meteorological categories in Directive 2007/2/EC shall apply. (3) The definitions set out for datasets in the mobility category under Directive 2007/2/EC and Directive 2005/44/EC shall apply. (4) ‘key attribute’ means a characteristic of an object or an entity in a dataset, such as a national identification code or name; (5) ‘granularity’ means the level of detail of the dataset; (6) ‘application programming interface (API)’ means a set of functions, procedures, definitions and protocols for machine-to-machine communication and the seamless exchange of data; (7) ‘bulk download’ means a function that enables a download of an entire dataset in one or several packages.

1 Public sector bodies holding high-value datasets listed in the Annex shall ensure that the datasets described or referenced in the Annex are made available in machine-readable formats via APIs corresponding to the reasonable needs of re-users. Where indicated in the Annex, the datasets shall also be made available as a bulk download.

2 Those public sector bodies referred to in paragraph 1 shall set out and publish the terms of use of the API and the quality of service criteria on its performance, capacity and availability. The terms of use shall be available in a human-readable and machine-readable format. Both the terms of use and the quality of service criteria shall be compatible with the arrangements for the re-use of high-value datasets laid down in accordance with Article 4.

3 API terms of use shall be accompanied by API documentation in a Union or internationally recognised open, human-readable and machine-readable format.

4 Public sector bodies referred to in paragraph 1 shall designate a point of contact for questions and issues related to the API with a view to ensure the availability and maintenance of the API and ultimately the smooth and effective publication of the high-value datasets.

5 Public sector bodies holding high-value datasets listed in the Annex shall ensure that the datasets are denoted as high-value datasets in their metadata description.

1 An exemption granted by a Member State in accordance with Article 14(5) of Directive (EU) 2019/1024 shall be published online, in the same way as the list of public sector bodies referred to in Article 6(3) of Directive (EU) 2019/1024.

2 To facilitate the availability of datasets for re-use covering longer periods of time, the obligations imposed under this Regulation shall also apply to existing machine-readable high-value datasets created before the date of application of this Regulation.

3 High-value datasets shall be made available for re-use under the conditions of the Creative Commons Public Domain Dedication (CC0) or, alternatively, the Creative Commons BY 4.0 licence, or any equivalent or less restrictive open licence, as set out in the Annex, allowing for unrestricted re-use. A requirement of attribution, giving the credit to the licensor, can additionally be required by the licensor.

4 High-value datasets shall be made available in accordance with the arrangements for the publication and re-use as set out in the Annex.

1 By 2 years after entry into force of this Implementing Regulation Member States shall provide the Commission with a report on the measures they have carried out to implement this Implementing Regulation. Where appropriate, the information under paragraph 3 can be provided through references to relevant metadata.

2 Each Member State shall provide an updated version of the report upon the request of the Commission which should be made every 2 years.

3 The report shall contain the following information: (a) a list of specific datasets at Member State level (and, where relevant, subnational level) corresponding to the description of each high-value dataset in the Annex to this Regulation and with online reference to metadata that follow existing standards, such as a single register or open data catalogue; (b) persistent link to the licensing conditions applicable to the re-use of high-value datasets listed in the Annex to this Regulation, per dataset referred to in point a); (c) persistent link to the APIs ensuring access to the high-value datasets listed in the Annex to this Regulation, per dataset referred to in point a); (d) where available, guidance documents issued by the Member State on publishing and reusing their high-value datasets; (e) where available, the existence of data protection impact assessments carried out in accordance with Article 35 of Regulation (EU) 2016/679; (f) the number of public sector bodies exempted in accordance with Article 14(5) of Directive (EU) 2019/1024.

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. It shall apply from 16 months after entry into force of this Regulation.