Luxembourg: 1 July 2009

On the 12 June 2009 the European Commission briefed Member States representatives attending the twelfth meeting of the PSI Group on the Commissions intended actions with respect to exclusive arrangements. The meeting was held on 12 June 2009 in Luxembourg.

In the absence of Member States taking action (apart from the Netherlands and the UK) to identify whether exclusive arrangements existed or not the European Commission informed the Member States that it would commission surveys over the next two years. The Commission reminded the Member State representatives that the MEPSIR study reported on the existence of 55 exclusive arrangements. The surveys would be undertaken in conjunction with the Member States.

Directive 2003/98/EC requires Member States to phase out all exclusive arrangements that existed and where this was not possible to publish a list of those still in existence by the 31 December 2008.

The Purpose of the Surveys

• To identify the possible existence of Exclusive Arrangements in the EU.
• To gather data from both sides of the PSI supply-demand interface. (The public sector information holders and the private sector re-users).

Phases

• First phase 2009-20010: 10 Member States which have the highest PSI re-use potential
• Second phase 2010-2011: a further group of Member States, building on the methodology, results and experience of the first phase

On the 26 June 2009 the Commission published the invitations to bid for undertaking the surveys in France, Germany, Italy, Poland, and Spain.

Service contract – minimum number of entities to be surveyed

Member State

Public Sector Information holders

PSI Re-users

France

125

250

Germany

150

300

Italy

125

250

Poland

75

150

Sweden

100

200

Total

575

1150

The results of the above surveys will once complete and published provide a substantial amount of information not just about exclusive arrangements but also identifying commercial organisations that re-use PSI.

Time Line

31.12.2008 All Member States required to have phased out exclusive arrangements. 28.02.2009 Commission publishes prior notice of intent to let service contract. 7.05.2009 Commission publishes Communication on Directive that includes actions 12.06.2009 PSI Group 12th Meeting – Luxembourg – Member States briefed 26.06.2009 Commission publishes invitation to tender 30.06.2009 The European Public Sector Information Platform informs all registered stakeholders 27.07.2009 Tender closure for France and Germany28.07.2009 Tender closure for Italy, Poland and Sweden

Summary

The Commission support action initially helps both Member States and re-users of public sector information.

The action will support the next review of the PSI re-use Directive scheduled for July 2012

Member States will be expected to phase out the exclusive arrangements identified.

Member States that fail to phase out the exclusive arrangements identified may well be faced with an infringement action!

Advice

Member States

1. Phase 1 Member States (France, Germany, Italy, Poland, Spain) - Support the survey and act quickly on the outcomes
2. Member States that are not part of phase 1 - undertakeyour own survey - do not wait for the European Commission - keep control of Member State responsibility - avoid embarrassment

PSI Re-users

1. Support the surveys initiated.
2. Inform the European Commission in Luxembourg of exclusive arrangements that you are aware exist