1. The Role of Industry in the Re-Use of PSI Policy Making Chris Corbin Independent researcher on Information Policy PSI Alliance 2009 Annual Conference and General Assembly Brussels, 25 th June 2009 Notes: 1. The presentation is supported by a paper. 2. The paper and the presentation will also appear on the European PSI Platform as of 26 th June 2009 http://www.epsiplatform.nethttp://www.epsiplatform.net

2. The Commission published a Communication on the 7 th May 2009 COM(2009) 212 final (Available in 22 EU languages) COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS Re-use of Public Sector Information – Review of Directive 2003/98/EC –[SEC(2009) 597] The European Institutions are likely to respond over winter 2009/2010 The publication of the Communication marks the end of the European Commission review of the PSI re-use Directive (as required by Article 13 of the Directive). The publication commences the next review period that will run for three years from 2009 through to 2012 www.epsiplatform.eu PSI Re-use framework: The role of PSI Re-users

3. www.epsiplatform.eu PSI Re-use framework: The role of PSI Re-users 1.07.091.07.10 1.07.11 1.07.12 1.07.13 EU Processes Communication EC Publishes Communication Sweden Spain Belgium Hungary Poland Denmark Cyprus Ireland Exclusive Arrangements Survey 1 Exclusive Arrangements Survey 2 Exclusive Arrangements Survey 2 Completion of current Infringement processes Consultation European PSI Platform active Phase 2 - timeline

4. PSI Alliance role and achievements during phase 1 Action plan approved to form pan European PSI Association Brussels – 19 October 2007 PSI Alliance launched in Prague – 23 January 2008 Presentation to CODATA-OECD workshop Paris – 4 & 5 February 2008 Presentation to 11 th PSI Group meeting Luxembourg – 6 May 2008 Annual Conference and General Assembly Brussels – 12 June 2008 Submission to the Commission PSI Stakeholder consultation – 15 September 2009 Participated in ePSIplus Thematic Network meetings - Jan 08 to Feb 09 Presentation to European Legal e-Access Conference Paris – 12 December 2008 Presentation to 5 th COMMUNIA workshop London – 26 March 2009 Open response to the Commission Communication - May 2009 Presentation to 3 rd APORTA meeting Madrid – 9 June 2009 Presentation to 12 th PSI Group meeting Luxembourg – 19 June 2009 Annual Conference and General Assembly Brussels – 25 June 2009 Congratulations to the PSI Alliance & all involved The PSI Alliance is recognised and is active PSI Re-use framework: The role of PSI Re-users www.epsiplatform.eu

5. Phase 2 – June 2009 through to July 2012 The potential role of the PSI Alliance The PSI Alliance is established, operational and recognised. Ideally positioned for playing a full role within phase 2 of the implementation of the re- use of public sector information framework within Europe. The PSI Alliance is resource constrained and as such the action plan will be also be constrained. On a day to day basis the PSI Alliance needs to maximise the opportunities that arise across Europe. The PSI Alliance short to medium term strategy and plan can be developed based on the phase 2 period and taking into account the phase 2 starting line! So what are the opportunities open for the PSI Alliance? PSI Re-use framework: The role of PSI Re-users www.epsiplatform.eu

6. Phase 2 start line – Current status – European Institutions The European Commission has set out in the Communication a series of recommendations, actions and the time frame. May 2009 through to July 2012. The Communication makes it clear as to the actions the Commission will or may take. (These actions provide both opportunities and a target for the PSI Alliance) The response to the Communication by the European Institutions is expected over the 2009/2010 winter period. (This an opportunity for the PSI Alliance) The European elections have taken place and the new Parliament will be established during July 2009 and commence activities after the summer recess - Autumn of 2009, and operate from 2009 to 2014. (Provides a stable political base at the EU level) The Presidency of the European Union will move from the Czech Republic to Sweden on the 1 st July 2009, Spain 1 st January 2010, Belgium 1 st July 2010. ( http://www.se2009.eu/ )http://www.se2009.eu/ The mandate of the current Commission expires in principle at the end October 2009. (This an opportunity for the PSI Alliance) PSI Re-use framework: The role of PSI Re-users www.epsiplatform.eu

7. Phase 2 start line – European Parliament: the legislative agenda 1.Economic and Monetary Affairs 2.Climate change, environment, energy 3.Transport 4.Consumer protection 5.Health 6.Employment and social affairs 7.Industry 8.Immigration and asylum 9.Civil liberties 10.Fisheries and agriculture 11.Financial decisions: how much money for the EU actions and programmes? 12.External relations and enlargement 13.Institutional affairs The legislative agenda provides the PSI Alliance with few opportunities over the next 12 months! Source: http://www.europarl.europa.eu/elections2009/legislature/looking_ahead.htm;jsessionid=3C9C0516FA56FFA57C23FAFDF3791E5A.node1?language=EN&ref=20090113TMN46 097&secondRef=0 http://www.europarl.europa.eu/elections2009/legislature/looking_ahead.htm;jsessionid=3C9C0516FA56FFA57C23FAFDF3791E5A.node1?language=EN&ref=20090113TMN46 097&secondRef=0 PSI Re-use framework: The role of PSI Re-users www.epsiplatform.eu

8. Phase 2 – PSI Alliance opportunities European Competition day 6 th October 2009 The theme of the conference during the Swedish Presidency will be ‘Welfare through efficient markets’ and the aim is to provide knowledge of what competition policy signifies in a broad sense to citizens, companies and organisations. The conference that will be held on the 7 th October 2009 in Sweden and targets a broad group of people and is intended for business representatives, trade and consumer organisations, lawyers, government agency officials and others. The conference will be jointly arranged by the Ministry of Enterprise, Energy and Communications and the Swedish Competition Authority. Source: http://www.se2009.eu/en/meetings_news/2009/10/6/european_competition_day PSI Re-use framework: The role of PSI Re-users www.epsiplatform.eu

9. PSI Re-use framework: The role of PSI Re-users Phase 2 start line: The European PSI Platform is operational Opportunities for the PSI Alliance to feed news to the platform Participate in the 4 pan European meetings (conferences) – 1 st winter 2009 www.epsiplatform.eu

10. PSI Re-use framework: The role of PSI Re-users Phase 2 start line: The European PSI Platform is operational The platform is a Commission support initiative – exploit it!

11. www.epsiplatform.eu PSI Re-use framework: The role of PSI Re-users Phase 2 start line: The European PSI Platform is operational The platform is a Commission support initiative – exploit it!

12. www.epsiplatform.eu PSI Re-use framework: The role of PSI Re-users Phase 2 start line: The European PSI Platform is operational The platform is a Commission support initiative – exploit it!

13. www.epsiplatform.eu PSI Re-use framework: The role of PSI Re-users Phase 2 start line: The European PSI Platform is operational The platform is a Commission support initiative – exploit it!

14. Phase 2 start line: PSI Alliance has taken up the opportunity of the guest blog www.epsiplatform.eu PSI Re-use framework: The role of PSI Re-users The platform is a Commission support initiative – exploit it!

15. Phase 2 start line: Netherland’s court decision – the Landmark case www.epsiplatform.eu PSI Re-use framework: The role of PSI Re-users Landmark Information Group is a member of the PSI Alliance – this case highlights several opportunities for the PSI Alliance and its members

16. Phase 2 start line – INSPIRE Directive 1.The Directive came into force in all Member States on 15 th May 2009. 2.At the 12 th meeting of the PSI Group on the 12 th June 2009 EUROSTAT reported that only two Member States had notified completion of transposition to the Commission by the 15 th May 2009 but several others were close to doing so. 3.At the INSPIRE conference held in Rotterdam 17 th June 2009 the second plenary session reported that 4 or 5 Member States had transposed the Directive: Denmark Finland Germany (at Federal level and 2 Länder ) Hungary Netherlands 4.The COMMISSION DECISION of 5 th June 2009 implementing Directive 2007/2/EC of the European Parliament and of the Council as regards monitoring and reporting was published in the Official Journal of the EU on 11 th June 2009. 5.PSI was centre stage in the opening plenary session of the INSPIRE conference. PSI Re-use framework: The role of PSI Re-users www.epsiplatform.eu

17. Public SectorPSI Re-users The Actors Their role To facilitate the opportunityTo grasp the opportunity and to innovate Supply side Demand side A large number of public bodies Many are large A large number of employees But They are quantifiable And many are similar A very large number of PSI re-users Many are micro or small But They are not quantifiable And they are not similar Fall into 4 groups Commercial active Commercial future activity Not commercial active Not commercial future activity The size of the future blocks not known. What do we Know about Each side? PSI Leadership – The role of PSI Re-users www.epsiplatform.eu

18. Public SectorPSI Re-usersThe Actors Their role To facilitate the opportunityTo grasp the opportunity and to innovate PSI Leadership – The role of PSI Re-users www.epsiplatform.eu Demand side Supply side Not commercial actual Commercial actual Private & Public Sector Owned Commercial actual Private & Public Sector Owned Commercial potential Private & Public Sector Owned Commercial potential Private & Public Sector Owned Not commercial potential Re-use also occurs within the public sector supply side as part of the public task. But this is outside of the PSI Re-use Directive. E.g. INSPIRE Movement between Often categorised as supporting the democratic process Often categorised as the for profit side A Member State needs a data sharing policy that covers all of the above and is published in the public domain PSI Alliance interests

19. PSI Leadership – The role of PSI Re-users www.epsiplatform.eu Public Sector Re-user community Public Sector Re-user community Tension zone! As a Member State moves to reduce the tension zone so the need for the public sector lead body to facilitate increases. The Netherlands is a good example. Spotting the policy change and working with the Member State to help ensure the policy change is sustainable – is an opportunity! An example of maximising the opportunity and sharing the risk.

20. EU & EFTA Member State approaches to PSI re-use implementation. Supply side Demand side Public SectorPSI Re-users 1.Minimalist approach To transpose the Directive and leave it to develop naturally with the demand side providing the awareness raising! 2.The Regulatory approach To transpose the Directive with one strong independent Regulator where the regulator is providing the awareness raising albeit supported by a Ministry. Supply side Demand side Public SectorPSI Re-users Regulator (Information Commissioner) Privacy, Access, Re-use Regulator (Information Commissioner) Privacy, Access, Re-use PSI Leadership – The role of PSI Re-users www.epsiplatform.eu

21. EU & EFTA Member State approaches to implementation. 3.Facilitation approach To appoint one public sector body reporting to a Minister with an over arching policy role that has sole leadership for the implementation of the re-use framework for the whole of the public sector. Supply side Demand side Public SectorPSI Re-users A single lead body – oversees Information policy, handles complaints amongst other activities PSI Leadership – The role of PSI Re-users www.epsiplatform.eu

22. The ideal European target model by 1 st July 2012! PSI Leadership – The role of PSI Re-users Supply side Demand side Public SectorPSI Re-users A European Network of 31 Lead PSI bodies A European Network of 31 Lead PSI bodies An active European PSI information Portal An active European PSI information Portal Family of Regulators For example: The European Competition Network (The Regulators have powers of enforcement on both the supply and demand sides) Pan European PSI Associations & Thematic Associations Pan European PSI Associations & Thematic Associations Demand side PSI information portals Fine: So how do we reach this ideal model? www.epsiplatform.eu

23. PSI Re-use framework: The role of PSI Re-users Where: Orange: Member States that provide a PSI information portal that is regularly updated. Yellow: Member States that provide a static PSI information portal. Green: Member States that have not established a PSI Information portal. Blue: Member States that have not implemented the Directive. EU & EFTA Member State approaches to implementation: Information portals. Recent events and announcements indicate that the inertia within Europe is beginning to be overcome and the snow ball is starting to roll – the challenge now is how to turn it into an avalanche! One or two further stimulations might make it happen!

24. The way forward! 1.To adopt the best practice that has already appeared and is demonstrating the potential – the evidence points at the UK as a model to adopt and adapt. 2.For a small number of Member States over the period 2009-2010 to adopt a consistent model. The Member States in the frame are those that have acted proactively and are expressing interest: Belgium, France, and Spain. 3.As part of the process a Guide as how to implement the model is compiled and published. Three currently exist in Europe France (not in spirit of PSI Directive), Spain and UK. An opportunity for the PSI Alliance. 4.If the above could be completed by the end of 2010 then the pull through effect will come into play with other Member States! 5.How should this be achieved – best at inter Member State level using one or more facilitators. An opportunity for the PSI Alliance. PSI Leadership – The role of PSI Re-users www.epsiplatform.eu

25. In conclusion (1) The phase 2 timeframe 2009 to 2012 (3 years) is short! The Communication indicates the possibility of legislative change – fine but what will convince the Commission to embark upon this and in what time scale must they be convinced? The PSI Alliance has a role here to influence policy! The role is a mixture of support and closing off any of the perceived information gaps where feasible and practical to do so. The 3 current infringement processes are unlikely to improve implementation within the Member States concerned until the end of 2012! The PSI Alliance should maximised the opportunity arising from these actions as the events are not transparent – so help make them transparent! The Commission is about to launch a survey of Exclusive arrangements! The PSI Alliance and its members can take an active role and financial support is to be offered! www.epsiplatform.eu PSI Re-use framework: The role of PSI Re-users

26. In conclusion (2) The phase 2 timeframe 2009 to 2012 (3 years) is short! The financial situation and recessionary environment within Europe may not change for the positive until the end of the phase 2 period. The PSI Alliance has the opportunity to highlight Member State actions where they are not in the spirit of the PSI Directive when the Member State is experiencing tight fiscal operating conditions. The publication of the Communication was the first step in the processes of the EU Institutional processes. The Communication and the processes provides the PSI Alliance with a reason to knock on doors for example the European Parliament ITRE Committee, the Committee of the Regions, other MEP’s. A golden opportunity – it will not re-appear until 2013 so grab it while it is there! The Commission has put in place an infra-structure to support the implementation of the PSI re- use framework over the next 3 years. The PSI Alliance should exploit it to the maximum! www.epsiplatform.eu PSI Re-use framework: The role of PSI Re-users

27. Summary The review has been completed and there will be a further 3 years of monitoring of the implementation of the PSI Re-use Directive. The action over the next 3 years is mainly at the Member States level with PSI stakeholders and the European Commission supporting. The Commission will take further infringement actions against Member States if they do not take the appropriate actions. The INSPIRE Directive is currently an unknown quantity at the current time as to whether it will assist improve the PSI re-use framework within the next 3 years. PSI Stakeholders including Associations and other representative bodies will have to be far more pro-active than they have been to date to assist the Member States and the European Commission deliver the change required. PSI Re-use framework: The role of PSI Re-users www.epsiplatform.eu

28. Interested in PSI? Then why not visit: www.epsiplatform.eu & http://ec.europa.eu/information_society/policy/psi/index_en.htm Thank you for your attention www.epsiplatform.eu Ask yourself: When did I last visit the European PSI Platform? When did I last provide information to the European PSI Platform? When did I last participate in a European PSI Platform initiative? When did I last dissemination information from the European PSI Platform? Remember this is a resource to support YOU! The larger the number of stakeholders actively participating the richer the resource will be! So please exploit it!