Clear signals: PSI stakeholders should prepare!
The European Commission (EC) has published a short announcement reminding all public sector information stakeholders that the review of Directive 2003/98/EC is in preparation and will shortly commence with a public consultation.
The announcement states:
“In the context of the "Digital Agenda for Europe"; the review of Directive has been signalled as one of the key actions of the initiative and is foreseen for 2012. The re-use of PSI has been highlighted as a key driver to develop content markets in Europe, and has been included within the Digital Single Market Pillar dealing. The review of the PSI Directive has been considered within this pillar as key action number 1. The Commission is starting to work on the revision and is planning to carry out its stakeholder consultation shortly.”
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During June 2010 at meetings held in Madrid, Brussels and Luxembourg Mr Javier Hernández Ros, Head of the DG INFSO, E4 - Access to Information Unit that is responsible for the PSI re-use Directive 2003/98/EC has clearly signalled that a review may take place and has urged all stakeholders to prepare. Furthermore Mr Javier Hernández Ros has clearly stated that public sector information stakeholders should acquaint themselves with the European Union Treaty pillars and law making processes before putting forward recommendations to the European Commission. One example that arose in Madrid on the 9th June 2010 was the response to the point made by a PSI stakeholder present at the meeting that the European Commission should revise the Directive to make access to public sector information mandatory. The response from Mr Javier Hernández Ros was that this did not fit into the European Union Treaty pillars and that it was a Member State responsibility.
The European Commission like a number of European Union Member States requires an impact assessment to be undertaken when making proposals to change legislation. Part of the process of preparing for an impact assessment is to undertake a public consultation with all stakeholders early in the review process.
The European Commission published in January 2009 the latest updated guidance document for European Commission staff when considering or completing an impact assessment. The guidance document titled: IMPACT ASSESSMENT GUIDELINES (SEC(2009) 92, 50 pages, dated 15 January 2009) states on pages 42 & 43:
“8.6 Assessment of transposition and compliance aspects
The Treaty requires that any action should be as simple as possible and leave as much scope for national decision as possible. IAs must therefore deal with issues of implementation, management and enforcement. "Maximum effort should be made to ensure the clarity, simplicity, operability and enforceability of legislation".
When you consider compliance issues, you need to remember that EU rules are in general implemented and enforced by Member State authorities, often at regional or local level. Your compliance analysis therefore needs to take account of possible variations in how Member States implement the rule. For example, framework directives leave considerable scope for flexible implementation at Member State level. This could have a knock-on effect on compliance by the target groups in different countries. A realistic time should be given for transposition in the light of the obligations involved. Detailed requirements, leaving little or no discretion to Member States, can often be adopted through regulations which should be used to the greatest extent possible for technical implementing measures. Consulting the target population and the Member States will help you with your compliance analysis.
To be effective, the law may require enforcement mechanisms, such as quick and simple systems for citizens and business to appeal against administrative decisions, inspection programmes or reporting obligations.”
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Participating in the review and developing a plan
The European Commission has sent clear signals on the upcoming review – have you listened and are you preparing to participate?
Like all good campaigns the preparation stages are important! The preparation should include planning and understanding those you wish to lobby as well as other lobbyists that may have a different take on the situation. If the planning stage is done well then your efforts are likely to lead to a far greater impact during the campaign – so now is the time to commence preparations if you believe the current Public Sector Information re-use framework Directive needs to be changed!
It is also worth reminding oneself of human experience that placing all your eggs in one basket (in this case lobbying just the European Commission) may not be the best approach - ensure your campaign has multiple strands of activity! The European Union organisations involved with a Directive change include amongst others the European Parliament (Your MEP's!), The European Commission, European Council (Your Member State Civil Servants and elected Ministers of the Member State Government), Committee of the Regions to name just a few! If your resources are limited then your plan should consider campaigning through third parties that maybe able to reach those you wish to influence.
As ever hard evidence will be asked for by whom ever you approach - do you have it to hand and ready? Is it easily understood?
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