In the second half of 2005 the Ministry of the Interior and Kingdom Relations (Ministerie van Binnenlandse Zaken en Koninkrijksrelaties (BZK)) in the Netherlands commissioned a study into the financial impact of phasing out exclusive contracts and arrangements where they existed within Central government. Zenc BV undertook the study on behalf of the Netherlands government. The study report was completed on the 29th January 2006 and is available in Dutch and English languages.

The study involved a survey of 48 central government bodies and 47 of the bodies consulted completed the questionnaire. Of the 47 bodies that responded only 4 had exclusive arrangements in place these included:

• Ministerie van Binnenlandse Zaken en Koninkrijksrelaties (BZK)
• Ministerie van Landbouw, Natuur en Voedselkwaliteit (LNV)
• Min. V&W. Rijkswaterstaat VCNL
• RDW

The study considered two questions:

1. How many exclusive arrangements existed within central government with respect to EU Directive 2003/98/EG (The re-use of public sector information Directive).
2. Is there any legal basis for liability from complying with the Directive? If so, what are the risks?

The study concluded:

1. The number of exclusive arrangements in place was small in number.
2. It is NOT very likely that there is a legal basis for liability and, subsequently, the financial risks are low.
3. The law and procedures needed to be strengthened to prevent further exclusive arrangements being entered into.
4. A study should be undertaken of regional and local public sector bodies with respect to the existence of exclusive arrangements.