GSDI 6 Conference - From global to local Workshop on Legal and Policy issues 16 September 2002 Re-use and exploitation of public sector information Daniele Rizzi Directorate-General Information Society - Unit D1 European Commission

Economic importance of public sector information The barriers The consultation process The proposal Agenda

PSI is prime content resource more and more cross-border services/mobile Barriers at European level limit exploitation Competitive disadvantages vis-à-vis the US PSI important basis for US digital industries Clear and comprehensive policy on exploitation Some countries move ahead, others do not PIRA study (Sept. 2000) confirms the importance What is at stake?

The barriers Lack of clear rules and policies (may lead to long replying times) Mindset public sector bodies (‘just buy the book’) Unfair competition (cross-subsidies, monopolistic behaviour) Lack of transparency High charges (example hedging) Difficulties to make European Union-wide products

Green Paper published 20 January 1999 Events throughout Europe Discussions with various institutions 185 written replies Information industries strongly advocate a Directive on exploitation

The Communication eEurope 2002 : towards a EU framework for the exploitation of psi Communication published on 23 October 2001 Coherent strategy for the cross-border exploitation of public sector information – measures should be seen together Commission indicates basic orientation on issues like: fair trading, pricing, transparency Directive announced Can we find a European way?

The online consultation Opened on 21 January 78 replies, good quality Replies split between Industry, Public sector bodies and ‘neutral’ observers Replies generally positive Issues raised: financing of public service and position cultural and educational establishments

The Proposal for a Directive Key words: Facilitate cross-border use Transparency of conditions Avoid abuse of market power Non-discrimination Clear procedures Proposal adopted on 5 June 2002 (COM(2002) 207 final)

What does the proposal NOT do The proposal does not: Change the existing access regimes Change the level of data-protection Take away the possibility to have commercial activities Take away the possibility to charge and give licences

Public sector body ( ) Documents that are generally accessible (1.1 and 2.4) Yes No Outside the scope of the directive Outside the scope of the directive No If re-use is allowed (art. 3) - Format 4 - Charges 6 - Non-discrimination 7 - Transparency 8 - Fair trading 10 Yes No Outside the scope of the directive Exceptions: Data-protection Third Party IPR Broadcasters Cultural/educational research bodies 1.2 b-f Public task 1.2 a No Yes Outside the scope of the directive (but:get the information under the same conditions as others) Scope of the proposed directive PSI

Conclusion Create the conditions for a healthy cross- border content market Public sector information is an important component of this market Barriers prevent the full impact of public sector information on economic activity and employment Proposed measures will create a minimum of legal security and will stimulate investment

Further information