GSDI 6 Conference - From global to local Workshop on Legal and Policy issues 16 September 2002

1. 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

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

3. What is at stake? • 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

4. The barriers Difficulties to make European Union-wide products • 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)

5. Green Paper published 20 January 1999Events throughout EuropeDiscussions with various institutions185 written repliesInformation industries strongly advocate a Directive on exploitation

6. 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?

7. 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

8. 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)

9. 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

10. No No No Outside the scope of the directive Outside the scope of the directive (but:get the information under the same conditions as others) Scope of the proposed directive PSI If re-use is allowed (art. 3) - Format 4 - Charges 6 - Non-discrimination 7 - Transparency 8 - Fair trading 10 Exceptions: Data-protection Third Party IPR Broadcasters Cultural/educational research bodies 1.2 b-f Documents that are generally accessible (1.1 and 2.4) Public task 1.2 a Yes Public sector body (1.1 +2.1 + 2.2) Yes Yes Yes No Outside the scope of the directive Outside the scope of the directive

11. 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

12. Further information http://www.cordis.lu/econtent/psi daniele.rizzi@cec.eu.int yvo.volman@cec.eu.int