Summary

Date

Action

31.12.03

Directive 2003/98/EC enters into force in the European Union

1.07.05

Directive 2003/98/EC enters into force in Member States

11.07.05

Commission notified France has transposed

31.12.08

Existing exclusive arrangements must be phased out

10.12.09

Commission announces launch of study

2.04.10

Commission receives study report (Assume date on report)

8.09.10

Commission makes study public

Elapsed time since notice first given: 80+ months approximately

Elapsed time since transposition (France): 62+ months approximately

Transparency: France (Poor), Commission (Moderate)

PSI policy implementation: Poor

The France study

The Executive Summary of the titled: PSI re-use: Identification of potential exclusive agreements France report states:

“This report provides a detailed overview of the activities carried out and the results of the assessment on the potential existence of exclusive agreements (EAs) between French Public Sector Bodies (PSBs) and re-users (Re-users) in the context of exploitation of public sector information (PSI).

The research, carried out between 8 December 2009 and 9 April 2010, over 1500 French PSBs and over 635 Re-users within the most valuable PSI Domains (Business Information, Geographic/Meteorological Information, Legal Information…) has yielded 5 leads to potential EAs.

Our research has identified 5 potential leads that could potentially be EAs. Two leads (Number 1 and 3) were reported by re-users, two others (number 2 and 5) by PSBs and one (Number 4) by the beneficiary of the exclusive right, to the extent that the concerned company has been entrusted with the exercise of a public task (“Délégataire de service public”) for that publication.

Lead 1 and 4 are found in the PSI Domain of legal information, lead 3 and 5, in the PSI Domain of scientific information (which is not in the scope of the PSI Directive) and lead 2, in the PSI Domain of social information.

Furthermore, the majority of the alleged potential EAs (Lead 2, 3 and 4) are located at a national level.

Among the 5 potential EAs reported, we suggest that one would deserve follow up by the appropriate authorities. One is justified because it is “necessary for the provision of a service in the public interest”. One seems not to be in force, but the EA should be formally terminated in good and due form.

Finally, the two others do not seem, in our view, to breach the PSI Directive1 to the extent that the exclusive rights granted do not fall within the scope of the Directive.

We would like to thank the CADA-Administrative Documentation Access Commission for their support, as they provided us with the file of contact details of PSBs, and the different associations (GFII, Afigeo, SPDG, Geste, Acsel, Figec, SNE, AFMM, FNPS2) who have helped us in our research by sending the questionnaire out to their members and by providing us with relevant information.”

Report references

Title: PSI RE-USE : IDENTIFICATION OF POTENTIAL EXCLUSIVE AGREEMENTS FRANCE REPORT

Authors: Virginie Boillet & Louise Guerre, SERDA Group, France

Date: 2nd April 2010

Pages: 51

Report Contents

Abbreviations used in this report

Executive summary

1 Introduction

2 Context

3 Scope of the study

3.1 Scope of “Document”

3.2 Scope of “public sector body”

3.3 Definition of re-use

4 Approach

4.1 Analysis of the different PSI studies

4.1.1 Analysis of previous European reports

4.1.2 Analysis of the EAs studies in the UK and the Netherlands

4.1.3 Information from the MEPSIR Study on EAs in France

4.2 Contact with national PSBs, associations and law firm partner

5 Methodology

5.1 Survey of the PSBs

5.1.1 Identification of the PSBs to contact

5.1.2 Survey writing up

5.1.3 Web survey

5.1.4 Pushing with a postal survey

5.1.5 Pushing responses by Phone

5.1.6 Number of PSBs respondents

5.2 Survey of re-users

5.2.1 Identification of the private PSI re-users to consult

5.2.2 Survey writing up

5.2.3 Web survey

5.3 Legal analysis

6 Statistical Results

6.1 Results of web survey of PSBs

6.2 Results of web survey of private re-users

7 Details on the potential EAs reported

8 Assessment of the potential EAs reported

9 Analysis of potential EAs

9.1 Lead 4 : Licence analysis grid : The council of State and Dalloz

9.2 Lead 5 : Licence analysis grid : University hospital of Amiens and France Télévisions

10 Other issues revealed by the study

10.1. GIE Infogreffe

10.2 IGN, the National Geographic Institute

10.3 AAA (Automobile Association Auxiliary) and the Central car file (FCA)

Conclusion

Bibliographic and webographic sources

Appendix 1 : List of partner associations (with public data re-users)

Appendix 2 : Email message for PSBs accompanying the online survey

Appendix 3 : Online Survey for PSBs

Appendix 4 : Letter sent to national associations representative of private re-users

Appendix 5 : Email sent to private re-users

Appendix 6 : Private re-user survey

Appendix 7 : LICENSE ANALYSIS GRID

Appendix 8 : LICENCE ANALYSIS GRID PER LICENSOR

Related news topics

France: Exclusive Arrangement questionnaires

Page last updated: 9th September 2010