Poland: Exclusive Arrangements study
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
1.07.05
Commission notified Poland has transposed
31.12.08
Existing exclusive arrangements must be phased out
10.12.09
Commission announces launch of study
19.03.10
Commission receives study report (Assume date on report)
8.09.10
Commission makes study public
Elapsed time since notice first given: 79+ months approximately
Elapsed time since transposition (Poland): 61+ months approximately
Transparency: Poland (Poor), Commission (Moderate)
PSI policy implementation: Poor
The Executive Summary of the report titled: states:
“The study Identification of potential Exclusive Agreements – Poland was undertaken to identify the potential existence of Exclusive Agreements (EAs) held between Polish PSBs and PSI re-users in the context of exploitation of Public Sector Information. The Final Country Report (the Report) provides a detailed description of the tasks carried out and the results obtained within the study conducted by the “Cities on Internet” Association (COI) undertaken in accordance with the contract (30-CE-0309002-00-94) signed between the COI and the European Commission.
The study was carried out between 31st November 2009 and 21st March 2010. During the research over 350 Polish PSBs (PSI holders) and over 1000 PSI re-users were surveyed in the below mentioned information market domains: business information, finance and economy information, geographic information, healthcare, medical and patient related information, legal information, meteorological and environment information, social information, and transport information.
In principle no potential EAs were identified but the research revealed a few situations that could be considered as in non conformity with the Polish legal regulations of PSI re-use (all of which were identified on the basis re-user feedback). All these cases are presented in Chapter 3.3.
It is believed that a lack of EAs is induced by the specific situation in Poland – legal regulations currently in force do not explicitly forbid EAs, but their interpretation excludes establishing agreements providing exclusive access to public information. Many surveyed PSBs have referred to the Access to Public Information Law (Dz.U. 2001 nr 112 poz. 11981) when explaining that EAs could not be established.
In addition to the COI, two other non-governmental organisations deeply involved in the PSI field have been involved in the research. Moreover, the officials responsible for the re-use of PSI in Poland (Ministry of the Interior and Administration) were kept informed on the research and its results.
Title: PSI: Identification of potential Exclusive Agreements – Poland: The summary country report
Authors: Cities on Internet Association, Kraków, Poland
Date: 19th March 2010
Pages: 28
EXECUTIVE SUMMARY
I. CONTEXT AND BACKGROUND
1.1 GENERAL CONTEXT OF THE RESEARCH
1.2 OBJECTIVES OF THE REPORT
II. COURSE OF THE RESEARCH
11.1 METHODOLOGY
11.2 PROCESS OF CONDUCTING SURVEYS AND INTERVIEWS
11.3 PERFORMED ACTIVITIES
11.4 CRUCIAL ISSUES OF THE RESEARCH
11.4.1 Selection of PSI domains, PSBs and PSI re-users
11.4.2 Preparation of questionnaires for both PSBs and PSI re-users
11.4.3 Methods of collecting feedback from public and private sector
11.4.4 Legal analysis of the identified potential EAs
11.5 DISSEMINATION OF INFORMATION ON THE RESEARCH
III. RESULTS OF THE RESEARCH
111.1 GENERAL RESULTS OF THE SURVEY WITHIN THE PUBLIC SECTOR
111.2 GENERAL RESULTS OF SURVEY WITHIN PRIVATE RE-USERS
111.3 IDENTIFIED CASES OF POSSIBLE NON COMPLIANCE WITH THE DIRECTIVE
FINAL CONCLUSIONS
ANNEX I – INCEPTION REPORT
ANNEX II – MATERIAL SENT OUT
ANNEX III – STANDARD SHEET FOR IDENTIFIED EAS
ANNEX IV – EXCEL SHEET CONTAINING DATA OF CONTACTED PSBS AND RE-USERS
Poland: Exclusive Arrangement Questionnaire
Page last updated: 9th September 2010
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