Spain: Exclusive Arrangements study

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Posted by ChrisCorbin on 09 Sep 2010

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

17.11.07

Commission notified Spain 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 (Spain): 33+ months approximately

Transparency: Spain (Poor), Commission (Moderate)

PSI policy implementation: Poor

The Spanish study

The Executive Summary of the titled: PSI: Identification of Potential Exclusive Agreements – Spain / Final Report states:

“This report presents the research activities carried out between December, 8th 2009 and March, 30th 2010 within the framework of the assignment of the European Commission in order to identify the potential existence of exclusive agreements related to the re-use of Public Sector Information in Spain.

The object of this study is to identify situations that constitute an exclusive agreement or might potentially be considered as such in the context of the PSI Directive. In order to achieve this, we singled out the main public sector information (PSI) market domains in Spain and identified the most PSI relevant public sector bodies from the State administration as well as from the autonomous regions. Finally, we have also contacted companies involved in the reuse of PSI.

A web survey was launched, addressed to 101 public sector bodies (PSBs) and 205 re-users, which was complemented by follow up telephone calls and personal interviews in order to obtain a reasonable sample.

The analysis of the information gathered from this survey, as well as from previous desk research and other research activities, resulted in 12 potential leads of EAs that were followed during subsequent weeks. Of these, 6 might require further investigation through the appropriate authorities and channels. Details on these leads are available in the third section of the report.

Knowledge of the PSI-Directive in Spain is low, as is the awareness of the economic potential of PSI re-use, both in the public and private sectors. In this context, the Ministry of Industry promotes the re-use of PSI in Spain through the “Proyecto Aporta,” an initiative that aims to improve awareness of PSI across the government.

We can highlight that there is no information in the administration on existing agreements (exclusive or not), and in spite of the fact that a considerable amount of PSI is publicly available, pricing policies as well as terms and conditions for re-use are not clear. In most circumstances no office or department in PSBs is specifically in charge of managing PSI reuse, and it was difficult to find a valid "officer" for responding to questionnaires or conducting interviews.

Although no central agency is regulating PSI re-use, and a national policy on PSI re-use does not exist yet, central, regional and local initiatives have arisen in the last few years and even in recent months to “open data” and/or promote PSI re-use”

Report references

Title: Study PSI: Identification of Potential Exclusive Agreements – Spain / Final Report

Authors: GRUPO PUBLIDOC-UCM, Spain

Pages: 28

Report Contents

EXECUTIVE SUMMARY

INTRODUCTION

PART 1: PREPARING THE SURVEY

PART 2: THE SURVEY

PART 3: ANALYSIS OF THE COLLECTED INFORMATION

SUMMARY SHEETS

CONCLUSIONS AND RECOMMENDATIONS