ePSIplus the catalyst to exploiting PSI within Europe Chris Corbin ePSIplus Analyst Reykjavik, Iceland, funded by eContentPlus

Presentation outline Section 1 Introduction Section 2 Overview of Directive 2003/98/EC (EEA Decision No. 105/2005) Section 3 Overview of ePSIplus thematic network Section 4 Summary Iceland in the European perspective Sq. kms. Population Countries (millions) (millions) Iceland EU Europe World ,

S1: Definition Public Sector Information re-use “the use by person or legal entities of documents (data, information) held by public sector bodies, for commercial or non commercial purposes other than the initial purpose within the public task for which the documents (data, information) were produced. Exchange of documents between public sector bodies purely in pursuit of their public tasks does not constitute re-use.” Source: PSI Directive 2003/98/EC Article Iceland Law 50/1996 as amended Article 24

S1: PSI re-use diagrammatic perspective Private Value Added Information providers Sector (for example real time road data) Level 1 Member State level Level 2 Regional, Provincial level Level 3 Local level Level 1 Member State level Level 2 Regional, Provincial level Level 3 Local level European Union Level 0 Public Sector Consumers (Customers) Civil Citizens, Education, Research, Voluntary Society Representative organisations Value Chain

S1: PSI data flows (internal) Current or existing Public Sector Information available for reuse PSI moved to the National Archives New PSI & Updates to existing PSI PSI Deleted Wow opportunities galore! Iceland Law 50/1996 as amended Article 25 paragraph 3 bullet b may need qualifying

S1: Data

S1: Public Sector Information Total set of public sector data held by the public sector Public sector data produced as part of the public task Legal basis: Data Privacy (Directive 95/46/EC & 2002/77/EC - MS compliant ) Database protection (Directive 96/9/EC) Access to environmental information (Directive 2003/4/EC - MS compliant ) Re-use of PSI (Directive 2003/98/EC - MS Compliant ) Intellectual Property Rights (Directive 2004/48/EC - MS compliant by ) Public procurement (Directive 2004/18/EC - MS Compliant ) INSPIRE (Directive 2007/2/EC - MS Compliant 15 May 2009) EU Treaty Article’s 81 & 82 In the wings! eGovernment (COM/2003/0406 & COM/2004/0219) Held by over a million public organisations within the EU and used by over 50+ million public sector employees! There is no Data Access framework in place at the EU level. Within Members States the access to data and information is often based on the Freedom of Information laws where they exist. Few laws but the application of them within the public sector is as diverse as the EU populations DNA, fingerprints or images of the iris of the eye!

S1: PSI Directive legal relationships Issues to think about in Icelandic context - How are these Directives (Laws) regulated and by whom? - Is the regulation consistent and seamless? All Directives listed appertain: - to data either access too or use of; - to all parts of society Directive 95/46/EC Directive 2003/98/EC Directive 2007/2/EC Article 2.5 Article 2.1 Directive 2003/4/EC Privacy FOI Environment PSI Re-use INSPIRE Article 13.3 Article Iceland Law 50/1996 as amended article 26

The PSI POT Legislation Culture: Public Servants & Organisation IPR Ownership Locating it! Data S1: Data - the funnel effect! Available for re-use Iceland Law 50/1996 as amended Article 25 Iceland Law 50/1996 as amended Article 27 paragraph 2 Iceland Law 50/1996 as amended Article 24, 4 th paragraph bullet 2.

An IDEA! Build IDEA Viable? Launch & Sustain Produce Business Plan Viable? Y Y NN CustomersCustomers Time to Market Time factors that will be considered: Window of opportunity Time to achieve return on investment Period of profitability Business testing & planning Market analysis Resource analysis Risk analysis Price analysis Growth analysis Sustainability analysis Considering the re-use of PSI opportunity! S1: Assessing a business opportunity

PSI Sold PSI Free PSI not available Customer PSI re-users (Value Chain) S1: PSI Data flows

Economic analysis: simplified model for re-use of PSI Related areas that impact: eGovernment as public sector moves down stream,procurement, PPP PSI CustomerCustomer Producer Professional Services Content Providers Data, Games, Navigation, databases, etc. Commercial re-use sector Risk, Catchment, Design (architecture, civil engineering), etc Information services, travel planning, catalogues, tourism, etc. Information Consumers Other Data Suppliers S1: Value chain

Simplified Value Chain Data Collector Data packager Data Wholesaler Data Distributor Data Integrator Customer Data Collector Data packager Data Integrator PSIPSI Linguistic Services Data Locator Services Semantic Services Directory Services Public Sector Trading Financial Services S1: Value chain

S1: The European Union Million people Multi-lingual (23+ Languages) Multi-cultural 900,000+ public sector organisation’s (Employs 45+ million people) 25 million SME’s (Employs 75+ million people) Euro Zone (2007)

S1: EU Lisbon Strategy At the Lisbon Summit of March 2000, the EU Heads of State and Government set a goal for the EU over the next decade to become: "the most competitive and dynamic knowledge-based economy in the world, capable of sustainable economic growth with more and better jobs and greater social cohesion.” (by March 2010!)

S1: EU Lisbon Strategy continued The strategy focuses on: developing a more competitive and innovative EU economy. creating more and better jobs. giving all a greater stake in our society. protecting our environment. It is all about PEOPLE and their activities! Progress is reviewed annually at the EU Council each spring: High level group established spring 2005 HLG report published November 2005 Facing the Challenge Revised Lisbon Strategy approved spring 2006 Reference URLs

Focus of the revised Lisbon Strategy - Ensuring that the internal market is effective and that free and fair trade occurs; - Improving regulation and the European infrastructure; - Encouraging and boosting innovation; - Investing in Research and development, education, and developing the skills. Reference source: S1: EU Lisbon Strategy continued

Liberalisation of Telecommunications Liberalisation of Data Liberalisation of Services Building the EU Information Society and Knowledge Economy PSI Services Directive

Presentation - section 2 An overview of Directive 2003/98/EC

Presentation - Section 2 Above available from URL:

S2: Background & history July 1988: European Council agree establishment of an information services market. 1989: Guidelines published for improving the synergy between the public and private sectors in the information market. (Sets out 19 principles) Jan 1999: Green paper on Public Sector Information: A key resource for Europe adopted by the EC. Oct 2001: European Commission adopts a communication on the re-use and the commercial exploitation of PSI: Creating a EU Framework for the exploitation of PSI. Jan 2002: European Commission publishes a consultation document: Towards a EU Framework for the exploitation of PSI. Jun 2002: European Commission adopts draft Directive. 31 st Dec 2003: The PSI Directive came into force giving member states (25) 18 months to implement. (1 st July 2005)

S2: EU PSI Directive Directive 2003/98/EC of the European Parliament and of the Council of 17 November 2003 on the re-use of public sector information. (Published in the Official Journal of the European Union L (Pages 90 to 96)) The PSI Directive is a legal instrument (at the macro economic level) which has the objective of stimulating the internal market by introducing a general framework for the conditions governing the re-use of public sector documents.

S2: PSI Directive - structure Describes the EU legal framework within which the directive has been set. (page 90) EU Legality Intention Articles The Framework. 15 Articles. (Pages 93 to 96) 25 clauses that outline the way to interpret and implement the framework. (Page 90 to 93) Published in the Official Journal of the EU on the (7 pages) The PSI Directive

S2: EU PSI Directive Chapter 1: General Provisions Article 1: Subject matter and scope Article 2: Definitions Article 3: General Principle Chapter II: Requests for Re-use Article 4: Requirements applicable to the processing of requests for re-use Chapter III: Conditions for Re-Use Article 5: Available formats Article 6: Principles governing charging Article 7: Transparency Article 8: Licences Article 9: Practical arrangements Chapter IV: Non discrimination and Fair Trading Article 10: Non-discrimination Article 11: Prohibition of exclusive arrangements Chapter V: Final Provisions Article 12: Implementation Article 13: Review Article 14: Entry into force Article 15: Addressees

EU PSI Directive ( broad) Political Review Member States comply PSI directive came into force Started in 1987 may achieve its objectives by 2017: 30 Years! We are here! EC Info Soc monitoring via contracts and projects such as ePSIplus Estimate as to when all EU27 will have Transposed the PSI Directive ePSIplus ePSINet + ePSINetCee MEPSIR CUPI Report S2: PSI Timeline

S2: The PSI Directive review Purpose: Has the Directive 2003/98 had the desired impact? EU Elections May 2009 ePSIplus thematic network (active) Oct 2007 Jan 2008 April 2008 July 2008 Oct 2008 Jan 2009 EC Online Consultation ePSIplus & EC Conference Geographic Information sector study Legal sector study Meteorological sector study EC Commissioned Sector studies EC Analysis of Consultation EC Communication European Parliament European Commission European Council EU Co-decision Process Summer Recess Annual Review of Lisbon Strategy Annual Review of Lisbon Strategy MEPSIR 2? Invite to Tender: Open Tenders: Award Contract: October 07? Duration: 30 Calendar weeks (Mid May 08)

EU Co-Decision Process Re-use PSI Months Member States Transposition 18 Months EU27 = 44+ Months months Stage 1 Stage 2 Stage 3 Member State Public Sector compliance Stage 4 Impact on Current PSI re-users Compliance Time to Reach Critical Mass European Parliament, Commission, Council Review July 2008 S2: Establishing the PSI framework

Status as at 31 st May 2007 S2: Establishing the PSI framework YearMSTransposed ! Total2722 EFTA Grand Total3123

S2: Establishing the PSI framework

Presentation - section 3 An overview

S3: ePSIplus - Purpose The thematic Network will: –Support the implementation of the European Directive on PSI re-use; –Facilitate the major opportunities for business to develop value added products and services based on PSI. The network will be active for 30 months from the 1 st September 2006 through to 28 th February 2009 (which covers the period leading up to the PSI Directive review in 2008 by the European Parliament.) Cover all Member (EU, EEA, EFTA) and candidate states Covers all PSI domains ePSIplus will focus on five major themes

S3: ePSIplus - Major themes 1. Legal and regulatory progress and impact (including implementation of the Directive) 2. Public sector organisation and culture change (including compliance with the Directive) 3. Encouraging PSI re-use business 4. The financial impact of the Directive: pricing and charging (including impact on public sector costs and budget) 5. Information management, standards and data quality

S3: ePSIplus - Meetings 1Network kick off meeting held in Prague, 30/31 October Thematic cross-border meetings (3 per thematic area) –Legal & Regulation theme Meeting 1, 16 February 2007, Hague, Netherlands (Report published) Meeting 2, September 2007, Paphos, Cyprus –Public Sector Organisation theme Meeting 1, 11 April 2007, Prague, Czech Republic Meeting 2, 8 October 2007, Bratislava, Slovak Republic –Encouraging PSI re-use business theme Meeting 1, 31 August 2007, Copenhagen, Denmark Meeting 2, 19 October 2007, Brussels, Belgium –Pricing impact theme Meeting 1: April 2007, Helsinki, Finland (Report published) Meeting 2: November 2007, London, UK Meeting 3: June 2008, Rome, Italy –Standards theme Meeting 1: 5 July 2007, London, UK (Report published) Meeting 2: November, Riga, Latvia All the materials from the meetings are available on the ePSIplus web site Red - means the meeting has taken place or is taking place

S3: ePSIplus - Meetings 35 National and Federal level meetings –Cyprus 20 February 2007 (Report published) –France 14 June 2007 –Iceland 5 September 2007 –Netherlands 27 September 2007 –Finland 2 October 2007 –Ireland 25 October 2007 –UK 30 October 2007 –Slovenia 7 November 2007 –Germany 6 December 2007 –Belgium 11 December 2007 Final Conference (May 2008) All the materials from the meetings are available on the ePSIplus web site Red - means the meeting has taken place or is taking place

S3: ePSIplus web site Live: Objective: To become the first port of call for information on PSI re-use Target Registered PSI stakeholders Home page

S3: ePSIplus - Publications Quarterly Update (Newsletter) available on the ePSIplus web site

S3 - Encouraging PSI re-use business

S3: Summary Assess and report on the impact of the Re-use PSI Directive. Demonstrate (through the network) the improved understanding of re-use of PSI across Europe Report and propose recommendations for the PSI Directive Review.

Presentation - section 4 Summary

S4: Summary Public Sector PSIH’s PSI Framework PSI Re-users CONFIDENCE FRAMEWORK FOR THE RE-USER COST EFFECTIVE FOR THE PUBLIC SECTOR Boosts the knowledge economy

S4: Summary PSI FrameworkPublic Sector PSIH PSI Re-user Central PSI portalCan be referred to minimal resources Speed Understanding Standard LicenceNo negotiatingConsistency Speed Online click use standard licenceMinimal human interventionSpeed No chargeNo transaction costsSimple Marginal cost- pre-publishedMinimal transaction Costs Quick Simple Charges pre-publishedNo negotiating Consistency Understanding Easy to assess Asset ListsConsistent with good data management Easy to locate Exclusive arrangements declared and/or phased out. (by December 2008) No negotiatingEasy to understand Separate accounts between Public Task and Trading task Improved business management Easy to understand IPR Management (preferably waive IPR)Cost effective data management Simple One public sector data regimeSimple Manage requests just as in FOI RegimeMinimal human interventionFast and simple PSI Directive - the WIN WIN framework The key to success is to KEEP IT SIMPLE!

S4: Summary The PSI Directive framework was established to: - minimise the burden on the public sector of enabling the re- use of public sector information to occur without resources being diverted from the public task. (apart from the establishment resource costs) - provides confidence to the potential re-user in that it provides a balance between the public sector defacto monopoly and the micro and small enterprises. - is simple and easy so that it encourages micro and small enterprises to re-use PSI. - time is of the essence - allow innovation to occur

S4: Summary Implementation: - Very poor across Europe as a whole - little political or public sector commitment - Member States resource allocation low - Regulation across Europe as a whole is almost non existent - Where regulation exists decisions are not always enforced - The spirit of the PSI Directive is not evident - approach often one of denial or resistance - partly a cultural issue but also due to competition between public and private bodies with public using dominant position. - In some Member States public sector raising legal challenges over Authority of regulator - Member State competition authorities have been so far slow to react and take action - Member State Data Protection (Privacy) Information Commissioners decisions not harmonised. - Task of compliance left to the Re-user of PSI! - The value chain is complex and is not simply public sector upstream everyone else down stream.

S4: Summary Transposition: - Is taking a long time and harmonisation even longer - The purpose of the Directive has been misinterpreted in some Member States (considered to be an access law rather than an economic framework) - Member State lead bodies often do not understand their responsibility (they see their task as a narrow one of transposition and not more)

S4: Summary The key to success is to KEEP IT SIMPLE! The ePSIplus thematic network - is devoted to the PSI vision and strategy - is people oriented! - provides a forum within which to share knowledge - acts as a catalyst to change - provides the only European PSI knowledge base currently in existence (via the web site) - is for everyone involved in PSI irrespective of which sector the stakeholder operates within. SO PLEASE STAY INVOLVED with ePSIplus

Is the EU PSI Directive and its transposition into Icelandic law? Entrepreneurial positive (it encourages innovation and entry into the market) Entrepreneurial neutral (neither encourages or encourages innovation and entry into the market) Entrepreneurial negative (it discourages innovation and entry into the market) S4: Summary

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