Fact Sheet

Version March 2012

December 2011 proposal for a new PSI Directive

What is this fact sheet about? This fact sheet provides a snap-shot of the context and substance of the proposal for a new PSI Directive, which was launched by the European Commission in December 2011. Why this proposal for a new directive? The proposal forms part of the Digital Agenda for Europe (key action 1c) and the Europe 2020 strategy that aims for smart, sustainable and inclusive growth. Since 2003 when the first PSI Directive was adopted the amount of data in the world, including public data, has exploded and we are witnessing a continuous revolution in technologies. Accordingly, the rules adopted in 2003 can no longer keep pace with the rapid changes, which was confirmed by the public consultation of the 2003 Directive held in 2010, yielding 598 responses from stakeholders. What are the objectives of this proposal? The proposal seeks to provide the market with an optimal legal framework to stimulate the digital content market for PSI-based products and services, including its cross-border dimension, and to prevent distortions of competition on the Union market for the reuse of PSI, by eliminating persistent and emerging differences between Member States in their exploitation of PSI, which hamper realisation of the full economic potential of this resource. What are the most prominent changes? Cultural information now covered Some cultural institutions, i.e. libraries (including university libraries), museums and archives, are brought under the scope of the Directive. However, they are subject to a light pricing regime. Access = re-use Under the 2003 Directive, the decision of whether or not to authorise re-use remains with the Member States or the public sector body concerned. The new proposal holds a clear obligation for Member States to make all generally available documents re-usable. Accessibility on an INSPIRED basis To facilitate re-use, public sector bodies should make documents available through machine readable formats and together with their metadata, where possible and appropriate, in a format that ensures interoperability. For example, by processing PSI in a way consistent with the principles governing requirements under the INSPIRE Directive. Charging against marginal costs as a rule Where charges are made for the re-use of documents, they should in principle be limited to the marginal costs incurred for their reproduction and dissemination, unless exceptionally justified according to objective, transparent and verifiable criteria. This exception could apply to those public sector bodies that would go out of business when implementing the marginal charges regime, as they cover a substantial part of their operating costs from the exploitation of their PSI. The burden of proving that charges are cost-oriented and comply with relevant limits should lie with the public sector body. PSI re-use watch dog brought in Redress is being made easier as Member States will need to appoint an independent authority that is vested with specific regulatory powers regarding the re-use of public sector information and to whom re-users can turn in case of denial of requests for re-use. Its decisions are to be binding upon the public sector body concerned. Enhanced EC monitoring and guidance Finally, the EC intends to ensure that the Member States will report on the extent of the re-use of PSI, the conditions under which it is made available, and the work of the independent authority. Furthermore, it may give guidance to Member States as to implementation of the Directive in a consistent manner, particularly on charging and calculation of costs, on recommended licensing conditions and on formats, after consulting interested parties.

ePSI Platform Fact Sheets provide short introductions to key concepts and developments, allowing new comers to the PSI re-use arena to get up to speed swiftly. Find ePSI Platform Fact Sheets at epsiplatform.eu.