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

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

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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?

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Page 1: GSDI 6 Conference - From global to local Workshop on Legal and Policy issues 16 September 2002 Re-use…

GSDI 6 Conference - From global to localGSDI 6 Conference - From global to localWorkshop on Legal and Policy issuesWorkshop on Legal and Policy issues

16 September 200216 September 2002

Re-use and exploitation of Re-use and exploitation of public sector informationpublic sector information

Daniele RizziDaniele RizziDirectorate-General Information Society - Unit D1Directorate-General Information Society - Unit D1

European CommissionEuropean Commission

Page 2: GSDI 6 Conference - From global to local Workshop on Legal and Policy issues 16 September 2002 Re-use…

• Economic importance of public sector information

• The barriers• The consultation process• The proposal

Agenda

Page 3: GSDI 6 Conference - From global to local Workshop on Legal and Policy issues 16 September 2002 Re-use…

PSI is prime content resourcemore and more cross-border services/mobile

Barriers at European level limit exploitation

Competitive disadvantages vis-à-vis the USPSI important basis for US digital industriesClear and comprehensive policy on exploitation

Some countries move ahead, others do not

PIRA study (Sept. 2000) confirms the importance

What is at stake?What is at stake?

Page 4: GSDI 6 Conference - From global to local Workshop on Legal and Policy issues 16 September 2002 Re-use…

The barriersThe 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

Page 5: GSDI 6 Conference - From global to local Workshop on Legal and Policy issues 16 September 2002 Re-use…

Green Paper published Green Paper published 20 January 199920 January 1999

Events throughout EuropeEvents throughout Europe

Discussions with various Discussions with various institutionsinstitutions

185 written replies185 written replies

Information industries Information industries strongly advocate a strongly advocate a Directive on exploitationDirective on exploitation

Page 6: GSDI 6 Conference - From global to local Workshop on Legal and Policy issues 16 September 2002 Re-use…

The Communication eEurope 2002 : towards The Communication eEurope 2002 : towards a EU framework for the exploitation of psia 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?

Page 7: GSDI 6 Conference - From global to local Workshop on Legal and Policy issues 16 September 2002 Re-use…

The online consultationThe 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

Page 8: GSDI 6 Conference - From global to local Workshop on Legal and Policy issues 16 September 2002 Re-use…

The Proposal for a DirectiveThe Proposal for a DirectiveKey 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)

Page 9: GSDI 6 Conference - From global to local Workshop on Legal and Policy issues 16 September 2002 Re-use…

What does the proposal NOT doWhat 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

Page 10: GSDI 6 Conference - From global to local Workshop on Legal and Policy issues 16 September 2002 Re-use…

Public sector body (1.1 +2.1 + 2.2)

Documents thatare generallyaccessible (1.1and 2.4)

Yes 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-protectionThird Party IPRBroadcastersCultural/educationalresearch bodies 1.2 b-f

Public task1.2 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

Page 11: GSDI 6 Conference - From global to local Workshop on Legal and Policy issues 16 September 2002 Re-use…

ConclusionConclusion• 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

Page 12: GSDI 6 Conference - From global to local Workshop on Legal and Policy issues 16 September 2002 Re-use…

Further informationFurther information

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

[email protected]@[email protected]@cec.eu.int