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					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
        Agenda

• Economic importance of public
  sector information
• The barriers
• The consultation process
• The proposal
              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
                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)
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
Scope of the proposed directive PSI                                                               If re-use is allowed
                                                                                                  (art. 3)
                                                                                                  - Format 4
                                                                                                  - Charges 6
                                                                                                  - Non-discrimination 7
                                                                        Exceptions:
                                                                                                  - Transparency 8
                                                                        Data-protection
                       Documents that                                                             - Fair trading 10
                                                                        Third Party IPR
                       are generally
Public sector    Yes                     Yes       Public task    Yes   Broadcasters
                       accessible (1.1
body (1.1 +2.1                                     1.2 a                Cultural/educational
                       and 2.4)
+ 2.2)                                                                  research bodies 1.2 b-f




                                                                              Yes
                             No




                                                      No
      No




Outside the            Outside the             Outside the              Outside the
scope of the           scope of the            scope of the             scope of the
directive              directive               directive (but:get the   directive
                                               information under the
                                               same conditions as
                                               others)
                 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



http://www.cordis.lu/econtent/psi

    daniele.rizzi@cec.eu.int
    yvo.volman@cec.eu.int