Communication from the Commission to the Council, the European Parliament, the Economic and Social Committee and the Committee of the Regions eEurope 2002: creating a eu framework for the exploitation of public sector information
Date: 2001-10-23
Institutions: European Commission
Subjects: access to information, computer network, disclosure of information, dissemination of information, exchange of information, information policy, interactive network, public contract

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 23.10.2001
COM (2001) 607 final

COMMUNICATION FROM THE COMMISSION TO THE COUNCIL, THE
EUROPEAN PARLIAMENT, THE ECONOMIC AND SOCIAL COMMITTEE AND
THE COMMITTEE OF THE REGIONS

eEUROPE 2002: CREATING A EU FRAMEWORK FOR THE EXPLOITATION OF
PUBLIC SECTOR INFORMATION

COMMUNICATION FROM THE COMMISSION TO THE COUNCIL, THE
EUROPEAN PARLIAMENT, THE ECONOMIC AND SOCIAL COMMITTEE AND
THE COMMITTEE OF THE REGIONS

eEUROPE 2002: CREATING A EU FRAMEWORK FOR THE EXPLOITATION OF
PUBLIC SECTOR INFORMATION

TABLE OF CONTENTS

1.

2.

3.

3.1.

3.2.

3.3.

3.4.

3.5.

4.

Introduction.................................................................................................................. 3

An important economic resource…… ......................................................................... 4

….but a fragmented European market ......................................................................... 5

The impact on the European information market ........................................................ 5

The broader impact on the European market ............................................................... 6

Divergent and unclear conditions for exploitation....................................................... 6

Challenges at a practical level...................................................................................... 7

Conclusion ................................................................................................................... 7

Proposed EU action...................................................................................................... 7

4.1.

Experimentation and Dialogue..................................................................................... 8

4.1.1.

Experimentation in projects ......................................................................................... 8

4.1.2.

Learning from seeing ................................................................................................... 9

4.2.

Improving the framework conditions at European level.............................................. 9

4.2.1. Access to public sector information............................................................................. 9

4.2.2.

Exploitation of public sector information .................................................................. 10

4.2.2.1. What issues should be addressed? ............................................................................. 10

4.2.2.2. Towards an instrument for the exploitation of public sector information ................. 12

4.2.3.

Improving the practice of the EU-institutions............................................................ 13

4.3.

A process involving all relevant players .................................................................... 14

5.

Conclusion ................................................................................................................. 14

2

1. 

INTRODUCTION

The  digital,  knowledge-based  economy
has  a  strong  impact  on  the  life  of  all
Europeans. It can be a powerful engine for
growth, competitiveness and jobs, while at
the  same  time  improving  citizens'  quality
of life. This was underlined by  the  Lisbon
European  Council  of  23  and  24  March
2000. The eEurope Action Plan 2002 “An
Information  Society  for  All”,  endorsed  by
the  Heads  of  State  and  Government  in
Feira  on  19-20  June  2000,  set  concrete
targets to bring Europe fully into the digital
era. Within the Action Plan, Public sector
information  is  singled  out  as  one  of  the
issues to be tackled.

Some 
information

examples 

of 

public 

sector

(in 

information 

information 

is
Financial  and  business 
collected  by  a  number  of  Ministries  and
public  sector  organisations.  Company
registers, required by law in many Member
States, are maintained by the public sector.
Legal 
particular
concerning  legislation  and  jurisprudence)
and  administrative  information  is  public
sector  information  par  excellence.  Patent
offices  are  usually  public  sector  bodies.
Scientific,  technical,  cultural  and  medical
information  is  extensively  collected  by
public  research  institutions  and  public
archives. 
information
Geographical 
relevant  to  transport  and  tourism  (maps,
road  traffic  situation)  is  also  available  in
public sector agencies. Tourist information
is gathered and published by public sector
bodies at different levels of government.

Improved use of public sector  information
could  turn  this  resource  into  a  valuable
asset  for  European  citizens,  businesses
and  administrations  alike.  Citizens  and
enterprises can greatly benefit from a good
provision  of  public  sector  information  on
their
It  will 
the 
communication 
public
with 
administrations  and  has  the  potential  to

facilitate 
the 

Internet. 

increase 
democratic process.

their 

participation 

in 

the

At the same time public sector information
has  a  considerable  economic  potential.  It
is  an  essential  basis  for  many  digital
information products and could become an
important  raw  material  for  new  services
and in particular for the wireless internet1.
Improving 
its
commercial  use  is  therefore  fully  in  line
with  the  conclusions  of  the  Stockholm
European  Council  (23-24  March  2001),
requiring that: “the right conditions for the
creation  of  European  multilingual  content
for wireless services” will be established.

conditions 

the 

for 

While recognising the importance of public
sector information for democratic and civic
life,  this  Communication  focuses  on  the
economic and internal market aspects of
public  sector  information.  It  proposes  a
set  of  actions  to  overcome  the  market
barriers  that  exist  at  a  European  level  and
addresses  in  particular  the  issue  of  the
exploitation  of  public  sector  information.
No  new  proposals  are  made  in  relation
to  access  to  information.  The  actions
presented here – some of them new, others
already  under  way  –  together  form  a
coherent  whole  articulated  around  two
main axes:

Experimentation  and  Dialogue:
catalysing  the  developments  by
supporting exemplary projects and
stimulating  the  exchange  of  best
practices throughout Europe.

Legislative: 
minimum
a 
harmonisation  at  European  level
of  conditions  for  the  commercial
exploitation  of  public 
sector
information  throughout  Europe  is
under consideration;

Third 

On  20.3.2001,  the  Commission  adopted  a
Communication entitled "The Introduction
Mobile
of 
Communications  in  the  European  Union.
State of Play and the Way Forward" COM
(2001) 141.

Generation 

– 

– 

1

3

                                                
The  proposals  for  action  build  on  the
reactions  to  the  Green  Paper  on  “Public
Sector  Information:  a  key  resource  for
Europe” (COM(1998) 585), adopted by the
Commission on the 20th of January 19992.

2. 

IMPORTANT 

AN 
RESOURCE……

ECONOMIC

Public  sector 
is  a  prime
information 
content  resource  with  a  large  economic
potential.  The  Information  Society  tools
have  led  to  unprecedented  possibilities  to
combine data  taken  from  different  sources
into  added  value  products  and  services.
Public  sector  information  is  an  important
prime material for this type of applications.

and 

traffic 

Areas  that  are  of  particular  interest  are
geographic, 
businesses
information as well as economic and social
data.  Geographic 
for
example essential for wireless applications
like  car  navigation  systems,  a  segment
where  considerable  market  growth  can  be
expected.

information 

is 

total  data  requirement 

Research  suggests  that  between  15  and
25%  of 
in  e-
commerce trading is based on public sector
information3. We are talking here about an
already 
a
substantial  growth  potential  that  can
the  further
become  a  key  factor 
development of the content sector.

asset  with 

important 

in 

billion, or 5% of the European GDP ahead
the
of  both 
hardware/software sectors.

telecommunications  and 

Size European Markets (in Billion EUR)

212

433

254

Content sector

Telecommunications

Hardware/Software

This  translates  into  some  four  million
Europeans  employed 
sector.
Content production has  given  rise to rapid
job  creation  in  recent  years  and  can
continue to do so.

this 

in 

information 

In  the  United  States  access  to  and  re-use
of  government  federal 
is
enhanced by a clear  and simple legislative
framework.  Citizens  and  businesses  enjoy
a  broad  right  to  electronically  access  this
extensive
information 
possibilities  to  reuse  it  for  commercial
purposes5. There is no copyright on public
sector 
there  are  no
restrictions to re-use.  Furthermore  fees  for
re-use  are  limited  to,  at  most,  marginal
costs for reproduction and dissemination.

information  and 

have 

and 

The  content  industries  already  have  a
considerable  size,  estimated4  at  EUR  433

2

3

4

at 

You  will  find  the  replies  to  the  Green
Paper  and  an  analytical  overview  of  the
replies 
following  web-site:
the 
http://www.cordis.lu/econtent/psi/
Source:  “Government  information  and  the
UK  information  market”,  report  prepared
by  Electronic  Publishing  Services  for  the
UK  Department  of  Trade  and  Industry,
May 2000.
Technology
Information 
European 
Observatory,  2001.  Content  data  include
Media, 
and
Advertising  sectors.  Market  size  and

Publishing,  Marketing 

employment data are confirmed by OECD
reports.
Amongst  others  the  1966  Freedom  of
Information  Act  as  amended  by 
the
Electronic  Freedom  of  Information  Act
(1996)
http://www.usdoj.gov/oip/foia_updates/Vo
Paperwork
l_XVII_4/page2.htm, 
Reduction 
Act
http://www.rdc.noaa.gov/~pra/pralaw.htm
and  the  influential  Budget  circular  A130
http://www.cio.gov/docs/Recompiled_A-
1301.htm

the 

5

4

                                                
                                                                      
The extensive  possibilities  for  reuse  in  the
US  have  given  way  to  an  information
market based on public sector information
that is estimated to be up to five times the
size of the EU market. Key US industries in
this field have posted growth rates of 10 to
30  %  in  the  last  six  years.  In  the  US  the
debate has moved on from issues of access,
charging,  copyright  and  resale  to  matters
such  as  the  more  detailed  implementation
and
questions, 
increasingly 
sector
information exploitation.6

common  metadata 

global 

public 

throughout 

the  Union 

At  present  exploitation  possibilities  in
Europe  are  limited  and  the  rules  that
govern  this  area  are  far  from  clear  and
consistent 
(see
section  3  of 
this  Communication  for
examples). The economic challenge for the
EU  is  to  create  better  conditions  for
exploitation. This could considerably boost
economic  activity  and  job  creation.  In
turn 
information
products  could  have  a  positive  economic
impact,  increasing  efficiency  and  leading
to better informed decisions.

the  new  added-value 

the 

the 

advent  of 

With 
Internet,
governments  have  started  exploring  how
they  can  maximise  the  value  of  their
information  resources.  Several  Member
States 
(amongst  others  UK,  France,
Netherlands  and  Denmark),  realising  the
economic  and  social  importance  of  the
issue, have updated or are in the process of
updating their legal frameworks in order to
allow  for  a  more  extensive  use  of  public
sector information. They are aware that the
economic  gains  of  a  more  open
exploitation  system  by  far  outweigh  the
direct  income  they  might  otherwise  get
from selling the information.

6

International 

Study  for  the  European  Commission  by
Pira 
commercial
exploitation  of  public  sector  information,
October 2000.

on 

Yet action across the EU in this field is not
coherent.  As  a  result  disparities  between
the  practices  in  the  Member  States  may
only  grow,  complicating  even  further  the
life of the information industries operating
beyond national borders.

3. 

3.1. 

….BUT 
EUROPEAN MARKET

A 

FRAGMENTED

The  impact  on  the  European
information market

The  further  integration  of  the  European
economies  and  the  development  of  the
wireless internet will lead to an increasing
demand  for  pan-European  information
products 
services,
European  business  information  services
etc.).

(mobile 

tourist 

Establishing  pan-European  products  or
services  based  on  public  sector  data  is,
however,  a  challenging  task.  Rules  and
practices  for  re-using  the  data  diverge
between  countries  or  may  simply  not  be
clear. Difficulties in one ore two countries
can prevent a content aggregator to make a
viable European product.

An  information  service  based  on  tourist
information, 
and/or
environmental data that stops at the border
will lose much of its appeal.

traffic 

data 

This  has  a  clear  effect  on  the  European
market,  since  uncertainty  about  the
conditions  for  using  the  data  prevents
companies  to  step  into  the  cross-border
exploitation 
sector
information.  In  particular  SMEs,  that
cannot afford any major investment failure,
may be put off.

public 

of 

A  minimum  set  of  common  rules  could
take away most part of this uncertainty and
enhance  the  establishment  of  European
products.  It  could  also  facilitate  the  tasks
of the public sector bodies themselves, that
are  now  often  burdened  with  establishing

5

                                                
European  level?  In  practice  several  types
of barriers exist that result from differences
in  (administrative)  rules  or  practices:
differences  in  replying  time,  the  refusal
to  transmit  the  information  in  digital
format (or in a specific pre-existing digital
that 
format), 
the
directly
information 
(not
concerned  by 
justified 
rules),
exclusive  deals that already  exist  between
public  and  private  firms,  or  even  the
requirement  to  consult  the  information  on
the spot.

company 
the 
data-protection 

to  prove 
is 
information 

the  need 

by 

company, 

establishing  a
A  French 
database  comprising 
the  names  and
responsibilities of civil servants throughout
Europe,  was  actually  requested  to  send
staff to one of the Member States to get the
data.

is 

linked 

type  of  barrier 

Another 
to
pricing.  Most  companies  do  not  consider
the circumstance that they  have to  pay for
the  information  as  a  big  problem  in  itself.
there  are  considerable  price
However, 
differences 
type  of
same 
the 
information, indicating that Member States
use  widely  diverging  rules  and  yardsticks
when  setting  the  price-level  for  the  re-use
of information.

for 

Dun  &  Bradstreet  has  highlighted  the
variations  in  the  price  to  be  paid  in  the
Member  States  for  similar  information.
For  example  the  price  paid  in  2000  for
company  balance  sheets  varied  from  EUR
0.11  in  Belgium  to  EUR  3.29  in  the
Netherlands.

Also,  in  some  cases  the  market  power  of
the  public  sector  bodies  in  a  specific  area
may  allow  them  to  set  a  very  high  price
level that could, in practice, prohibit the re-
use of the information.

ad-hoc policies  when  faced  with  a  request
to re-use information.

the  differences  between 

Beyond  the  establishment  of  cross-border
products, 
the
the  European
Member  States  affect 
information market in still  another  way.  It
has  become  evident  that  American  firms
have  a  competitive  advantage  over  their
European counterparts. They can easily use
public  sector  information  as  the  basis  for
added-value products that serve their home
markets, thus creating the basis for further
expansion.  The  benefits 
these
products  can  be  invested  in  new  ventures,
even  further  increasing  their  advantage.
This phenomenon repeats itself at a smaller
scale  within  the  European  information
market.  In  Member  States  where  the
exploitation of public sector information is
relatively  easy, 
information  companies
may  use  this  factor  to  gain  a  competitive
advantage  over  potential  competitors  in
other  Member  States  that  cannot  rely  on
the  same  conditions  to  serve  their  home
market.

from 

3.2. 

The  broader 
European market

impact  on  the

procedures, 

The  availability  of  reliable  information
products  covering  different  Member
States  is  essential  for  all  firms  operating
in  an 
international  environment.  High
quality  information  on  –  for  example  –
administrative 
traffic,
investment  conditions,  the  environmental
situation  etc.  can  make  the  difference,
when offering goods or services in another
Member State. The availability of this type
of 
important  for
is  also 
citizens that want to exert their rights under
the  Treaties.  The  difficulties  to  exploit
public  sector  information  therefore  have
negative  effects  on  the  internal  market
as a whole.

information 

3.3. 

Divergent 
conditions for exploitation

and 

unclear

What  are  the  barriers  that  prevent  the
exploitation of public sector information at

6

high 

prices 

charged 

by 
in  one  of 

the
The 
meteorological  service 
the
Member  States  has  induced  a  private
meteorological service provider to actually
use  information  from  the  US.  In  addition
they  have  found  it  more  economically
viable to build their own radar station than
to  buy  radar  images  from  the  national
service.

is,  however, 

In  many  cases 
the
it 
uncertainty  about  the  conditions  for  re-
use  that  prevents  companies  to  start  a
business  on  the  basis  of  public  sector
information.  The  relevant  stipulations  can
be found in national laws, in administrative
provisions at regional or local level, and in
specific  rules  defined  by  Ministries  for
agencies  or  defined  by 
the  agencies
themselves. In other cases there are simply
no  rules  on  the  matter,  so  it  is  hard  to
predict  how  the  administrations  will  react
to a request to use the information. Unless
a  minimum 
and
of 
transparency  is  given,  the  establishment
of  cross-border  products  and  services
(partly) based on public sector information
will be considerably hampered. Once more
the  US  case  jumps  to  the  eye  as  an
example of the beneficial economic effects
of  a  clear  and  simple  legal  framework  for
exploitation.

certainty 

3.4. 

Challenges at a practical level

of 

public 

exploitation 

Next to these barriers linked to the rules on
the 
sector
information, 
there  are  a  number  of
practical  issues  that  make  its  exploitation
at a European level particularly difficult. It
is  not  always  easy  to  find  out  what
information  and  databases  are  available
and  to  locate  the  existing  public  sector
information sources. No general directories
at European or even at national level  exist
containing 
the
information  resources  held  by  the  public
sector,  let  alone  indicating  the  conditions
for re-use.

overview 

an 

of 

problems.  Different 

In  addition,  the  lack  of  standards  can
technical
cause 
standards  (between  countries,  but  also
between  regions)  to  store  the  information
make the reuse  of  information  particularly
expensive.  The  presence  of  diverging
standards  to  classify  information  is  an
additional difficulty to commercially reuse
the information.

Finally,  language  diversity  represents  a
challenge to the pan-European exploitation
of  public  sector  information.  The  costs
involved  in  the  translation  of  the  raw
material  and 
linguistic
the  need 
for 
the  added-value  end
customisation  of 
product  is  an  additional  difficulty  that  has
to be overcome by  information  companies
that want to step into this market.

3.5. 

Conclusion

information 

Better opportunities to exploit public sector
the  European
information  will  help 
information  industries  to  create  added-
value 
thus
contributing to employment and growth. In
can
addition 
considerably 
information
flows  on  and  thus  the  functioning  of  the
internal market.

opportunities 

products 

improve 

these 

the 

It is important to realise that not acting in
this  area  has  a  cost.  A  cost  for  the
the
information  sector,  but  also 
European market and society as a whole.

for 

4. 

PROPOSED EU ACTION

The measures proposed in this section take
into  account  the  economic  importance  of
the  issue,  its  potential  for  job  creation
and  the  nature  of  the  barriers  that  are
addressed.  The  initiatives  that  are  already
under  way  and  the  new  elements  form  a
comprehensive approach to the problem of
exploitation.  The  measures  aiming  at
catalysing  developments  with  a  European
the  measures
impact  and 
scope  and 
contributing 
regulatory
the 
to 
framework reinforce each other. They also

right 

7

reinforce  and  complement  the  measures
that  are  taken  at  national,  regional  and
local level.

4.1. 

Experimentation and Dialogue

In  addition  the  6th  Framework  Programme
for R&D that is at present under discussion
will  present  possibilities  to  address  the
issues  relevant  to  the  re-use  of  public
sector information.

4.1.1.  Experimentation in projects

Market-orientated projects

The  Community  has  a  role  to  play  as  a
catalyst  of  developments 
that  have  a
European  scope  or 
impact.  Financial
support to transborder projects providing
examples of access to and the exploitation
of public sector information will strengthen
partnership  throughout  Europe  and  will
lead to results with European added value.
In  order  to  achieve  this,  the  Commission
will  build  on  programmes  that  are  already
in place. Particular attention will be paid to
like
specific 
geographic  information  and  the  role  of
libraries.7

segments 

sectors 

and 

Technological projects

The  Information  Society  Technologies
Programme  within  the  5th  Framework
Programme  for  R&D  contains  many
elements  that  are  important  for  the  way
governments  deal  with  information  and
their  constituencies.  Key
interact  with 
Action  I  of 
Information  Society
the 
Technologies  (IST)  Programme,  ‘Systems
and  Services  for  the  Citizens’  and  in
particular  the  parts  that  aim  at  improving
the  services  provided  by  government
bodies, is an example of this.

the 

technologies’  contributes 

III  “Multimedia
Within  Key  Action 
Content  and  Tools”  the  part  on  ‘human
language 
to
language  barriers.
overcoming 
Language was mentioned by several of the
respondents  to  the  Green  Paper  on  Public
Sector  Information 
the  Information
Society  as  one  of  the  barriers  to  a  pan-
European use of public sector information.

in 

7

You  will  find  a  short  working  document
on  this  issue  at  the  following  web-site:
http://www.cordis.lu/econtent/psi/

orientated 

technologies  and 

demonstration
Market 
projects  are  a  useful  tool  to  fill  the  gap
that  often  exists  between  the  development
of  new 
the  market.
Experiments  with  new  market  models  and
new forms of public/private partnerships
are  necessary  to  identify  practical  barriers
and 
to  create  examples  of  profitable
collaborations.  This  type  of  experiments
was 
INFO2000
programme  and  will  continue  under  the
eContent  programme.8  eContent  will  also
stimulate  the  use  and  creation  of  pan-
European  meta-data9  and  standards  and
examples 
data-
collections  and  deal  with  the  language
aspects of public sector information.

pan-European 

started 

under 

the 

of 

transnational 

Transborder, 
and
interregional  co-operation  between  public
authorities and other relevant bodies in the
area  of  the  information  society  could  also
III
be 
Community  initiative  which  forms  part  of
the structural funds.

supported  by 

Interreg 

the 

Interchange  of  Data  between
The 
Administrations  programme  (IDA  II)
programme  will  continue  to  set  up  and
consolidate  electronic  networks  between
administrations,  including  the  European
Institutions. It will support the provision of
public  sector  information,  including  the
the  pan-
development  of  portals,  at 

Multiannual  Community  programme  to
stimulate  the  development  and  use  of
European  digital  content  on  the  global
networks  and  to  promote  the  linguistic
diversity 
Information  Society
(eContent),  Council  decision  2001/48/EC
of 22 December 2000, OJ L14, 18.1.2001.
Structuring 
resources
information 
designed  to  help  identify  the  existing
information and help locate it.

the 

in 

8

9

8

                                                
                                                
European 
level.  Actions  have  been
of  meta-data
support 
launched 
in 
interoperability  and  common  electronic
tools  have  been  produced,  amongst  others
for  the  data  collection  needs  of  public
administrations.

and 

a  more 

dissemination 
efficient
information  collection  could  be  another
topic  where  European  administrations  can
share knowledge.

Experimentation and Dialogue

4.1.2.  Learning from seeing

Main Actions.

from 

throughout 

added  by  bringing 

In all Member States discussions are taking
place on how to fully grasp the potential of
the tools of the  Information  Society in  the
administrations.  New  solutions  are  being
tested 
in  different  environments.  The
European  Union  can  create  considerable
value 
together
the
experiences  and  players 
different  Member  States.  The  exchange  of
information 
the  Union,  at
different  levels  of  government,  should
therefore  be  further  encouraged  and  in
particular  an  exchange  of  best  practices
to  help  administrations  at  different  levels
of  government  adopting  efficient  and
adequate  solutions.  New  models  for
partnerships  between  the  public  and  the
the  public
private  sector  and  within 
services  for  the  use  and  exploitation  of
public 
could  be
addressed. An  exchange of innovative  and
successful applications could help to bring
the  administrations 
throughout  Europe
closer to the citizens. The exchange of best
practices  would  also  relate  to  ways  of
ensuring the quality of information offered
by the public sector.

information 

sector 

An interesting model was developed by the
European  statistical  system.  The  model
provides guidelines which set out the range
and  the  depth  of  the  information  made
available  and  also  the  specific  prices  for
each segment.

Comparative  case  studies  at  European
level and beyond will reinforce the process
of exchanging best practices. These studies
can address showcases, practical examples
and issues like the value that is attached to
certain  types  of  public  sector  information
in  different  countries.  The  use  of  the
information
Internet  for  public  sector 

- Support for technological projects related

to public sector information in the
Information Society Technologies
programme.

- Support for market orientated projects

(public/private partnerships, metadata) in
the eContent programme.

- Support for projects related to the

provision of public sector information
through the IDA programme.

- Exchange of best practices, comparative

case studies (eEurope framework).

4.2. 

Improving 
conditions at European level

the 

framework

fundamental 

issues 
the 
its 

should  be
access 
to
commercial

here: 
and 

Two 
distinguished 
information 
exploitation.

4.2.1.  Access 

to 

public 

sector

information

The  importance  of  the  issue  of  access  to
public sector information for citizens and
business  was  stressed  in  the  replies  to  the
Green Paper. At Community level, Council
Directive  90/313/EEC  on  the  freedom  of
access to information on the environment10
already  lays  down  the  basic  terms  and
environmental
conditions 

on  which 

the  freedom  of  access 

Council  Directive  90/313/EEC,  of  7  June
1990,  on 
to
information  relating  to  the  environment,
which will be replaced by a new Directive
of  the  European  Parliament  and  of  the
Council on public access to environmental
information  currently 
in
Council and Parliament.

in  discussion 

10

9

                                                
area 

should 

be 
the  exception  of 
arrangements 

accessible.
information 
the
However,  with 
environmental 
for
access  are  first  and  foremost  a  national,
responsibility.
local 
regional 
Therefore no harmonisation on the specific
aspects  of  access 
sector
information is envisaged.

to  public 

and 

sector 

including 

information 

To promote improved electronic access to
public 
throughout
Europe,  the  eEurope  Action  Plan  has  set
targets, e.g. related to essential public data
legal,  administrative
online 
cultural, 
traffic
and 
information11.  To 
the  open
method of co-ordination, established by the
Lisbon  European  Council,  will  be  used.
The  exchange  of  information  and  best
practices will play an important role in this
context (see under 4.1.2).

environmental 

this  end, 

4.2.2.  Exploitation  of  public 

sector

information

environment 

The  absence  of  clear  and  consistent
conditions  for  the  commercial  use  of
public  sector  information  constitutes  a
major  barrier  to  realising  the  economic
the  new
potential  of  public  data 
the
electronic 
real  European
development 
information  market.  An 
improved
framework  for  the  exploitation  of  public
throughout  Europe
sector 
would facilitate the creation of information
products that cover the whole or large part
of Europe, rather than the single countries.

information 

in 
and 

of 

to 

a 

4.2.2.1.  What issues should be addressed?

Without  wanting  to  prejudge  the  final
choice  of  instrument  by  the  Commission,
this  section  will
nor 

its  final  shape, 

11

Also  challenges  concerning  the  access  to
appropriate  on-line  public  content  and
services for disadvantaged people and their
potential for social inclusion are set-out in
the  Commission  Staff  Working  Paper  on
“e-Inclusion’-The  Information  Society’s
potential for social inclusion in Europe”.

consider  the  type  of  issues  that  could  be
instrument.  The
addressed  by  a  legal 
Commission  proposes  the  following  basic
orientations  on  scope,  on 
leading
principle, on fair  trading and on  a  number
of practical issues.

the 

Scope

sector 

information 

No changes in  the existing access regimes
The  measures  facilitating  the  re-use  of
public 
throughout
Europe  would  build  upon  the  existing
access 
proposing
changes to  these  regimes.  Furthermore the
framework for exploitation should not have
a negative effect on the accessibility of the
information at its original public source.

regimes,  without 

Exceptions

The  measures  would  not  apply 
to
commercially  sensitive  information  (e.g.
“business secrets”) held by bodies that are
owned  or  controlled  by  public  authorities
and  that  have  a  commercial  or  industrial
character.

and 

Also public broadcasters, in as  far as  their
archives 
are
creative 
concerned,  would  be  excluded  from  the
scope  of  any  measure  in  view  of  the
specific characteristics of this sector.

activities 

Compliance  with  data-protection  rules
Any  measure  proposed  should  ensure  full
respect  of 
the  existing  data-protection
rules.  If  for  data-protection  reasons,  the
information  is  not  generally  accessible  it
will  not  be  exploitable.  This  includes  the
case  where 
for
specific 
consultation  of  personal  data  held  by
public sector bodies exist (e.g. the need to
for  data-
prove  a 
protection 
to
certain parts of the information etc.)
Intellectual property rights12:

legitimate 
reasons,  access 

conditions 

interest 

limited 

For  the  avoidance  of  doubt,  the  term
to
intellectual  property 
copyright 
only
(including sui generis forms of protection).

related 

rights 

refers 

rights 

and 

12 

10

                                                
                                                
Any 
the
initiative  which  deals  with 
intellectual  property  rights  of  the  public
sector  has  to  take  into  account  both  the
Community’s  own  acquis  in  the  field  of
copyright and related rights which provide
the  legal  framework  in  which  those  rights
subsist  and  are  administered  and  also  the
international  obligations
Community’s 
In
under 
particular 
rights  harmonised  by
Directive  2001/29  on  copyrights  and
related  rights  in  the  Information  Society
and  Directive  96/9  on  the  legal  protection
of databases are of particular relevance.

relevant  Conventions. 

the 

the 

rights 

intellectual  property 

The 
third
parties  may  have  on  information  held  by
the  public  sector  must  be  carefully
considered  when  establishing  rules  for  the
re-use  of  public  sector  information.  In
many  instances  information  products  and
services  may  have  been  developed  by  the
public  sector  in  conjunction  with  private
sector  partners  and  the  rights  of  third
parties  are  not  affected  by  what 
is
proposed.

Definitions

The 
following  working  definition  of
information  will  be  the  starting  point  for
the discussions.

Information:  any  content  whatever 
its
medium  (written  on  paper  or  stored  in
electronic  form  or  as  a  sound,  visual  or
audiovisual recording).

The definition that figures in the directives
relating  to  public  procurement  could  be  a
useful  starting  point  for  the  definition  of
Public sector bodies13

13  

It  does  not  include  industrial  property
rights.
E.g. the definition of  ‘bodies  governed  by
public law’ that can be found in article 1 of
directive 92/50 of 18 June 1992 relating to
the  coordination  of  procedures  for  the
award  of  public  service  contracts:  Body
governed  by  public  law  means  any  body:
-  established  for  the  specific  purpose  of
meeting  needs  in  the  general  interest,  not

11

The leading principle

A  general  right  to  re-use  public  sector
sector
information:  whenever  public 
information 
accessible,
commercial re-use should be possible.

generally 

is 

Fair trading

for 

Prohibition  of  exclusive  arrangements
the
arrangements 
Exclusive 
exploitation  of  public  sector  information
could  be  limited  or  banned  in  future  in
order  to  stimulate  the  openness  of  the
European  market,  where  the  arrangements
unreasonably restrict commercial re-use of
information.  Transitional  arrangements
would  be  needed  to  bring  agreements
already in place into line with the measure
after a specified period.

Principles for pricing

The following principles for pricing should
apply:

–  any  compensation  requested  for  the  re-
use  of  public  sector  information  should
be adequate.

–  prices  for  re-use  of  public  sector

information should be transparent.

A right to re-use public sector information
would not therefore mean that the situation
in  the  US  would  be  imposed,  where  there
involved  for
are  practically  no  costs 
the
companies 
information.

that  want 

re-use 

to 

Practicalities

legal 

having 

personality 

industrial  or  commercial
having  an 
and
character, 
- 
and
- financed, for the most part, by the State,
or  regional  or  local  authorities,  or  other
bodies governed by public law; or  subject
to  management  supervision  by 
those
bodies;  or  having  an  administrative,
managerial  or  supervisory  board,  more
than half of whose members are appointed
by  the  State,  regional  or  local  authorities
or by other bodies governed by public law.

                                                                      
                                                                      
for 

re-use 

should 

(cid:1)  The  time  allowed  for  replying  to
be
requests 
reasonable and could be brought in line
with the  time  that  applies  for  accessing
documents.
(cid:1)  Firms  and 

should  be
individuals 
allowed  to  ask  for  the  information  in
any pre-existing format (e.g. a specific
electronic  format).  This  should  not
impose  on 
the  administration  any
obligation to create or adapt documents.

(cid:1)  There 

availability 
licences.

should 
of 

be 

a 

online 

generalised
standard

(cid:1)  Also  catalogues  of  data  resources

should become available.

4.2.2.2.  Towards  an  instrument  for  the
exploitation  of  public 
sector
information

At present, the Commission is considering
the right instrument to ensure that the same
basic conditions apply to all players in the
European  information  market,  that  more
transparency is achieved on the  conditions
for re-use and that distortions are limited to
a  minimum.  A  directive  would  achieve  a
minimum of legal  certainty  for the market
players,  while  leaving  Member  States  free
to  choose  the  precise  way  in  which  its
provisions  would  apply  adapted  to  local
circumstances.  Such  a  directive  was
strongly  advocated  by 
its
replies to the Green Paper on Public Sector
Information  in  the  Information  Society.
Alternatively  a  recommendation  to  the
Member States14 and/or the reinforcement
of the administrative co-operation in this
area could be considered.

industry 

in 

14

A  sector  specific  recommendation  for  the
transport area was adopted on 4 July 2001
C(2001)1102,  OJ  L199,  24.7.2001,  p.20
the
that  deals,  amongst  others,  with 
deployment  of  added  value  services
offered 
the  basis  of
travellers  on 
information from public sector bodies.

to 

12

However, there are several reasons why the
Commission is  exploring  the  need  for  and
the  modalities  of  a  directive  on 
the
exploitation  of  public  sector  information
and  why  co-ordination  between  and/or  a
recommendation  to  the  Member  States
may  not  suffice  to  redress  the  situation,
also 
the  economic
light  of 
importance of the issue at stake.

the 

in 

A  directive  would  provide  a  clear  answer
to  the  internationalisation  of  information
needs and to the pan-European nature of
several of the information products and
services. If they are not complete – if there
is just one country not covered – they lose
much of their  value  and firms  may refrain
from  investing  in  them.  Therefore  it  is
important  that  all  countries  have  the  same
pace  in  establishing  a  minimum  level  of
conditions  in  common.  While  the  issue  of
exploitation of public sector information is
under  consideration 
the
in  which
Member  States,  a  situation 
different  Member  States  adopt  individual
solutions  is  not  desirable.  It  will  not  offer
the  information  industry  the  conditions
needed  to  develop  new,  innovative,  pan-
European products.

in  many  of 

It  is  furthermore  urgent  to  have  the  right
framework conditions in place for the next
generation  information  products,  that
will  play  an  essential  role  in  the  further
development  of  the  information  society.
The absence of action in this area may lead
to the unpleasant discovery in  a  few  years
that  there  are  still  considerable  barriers  to
the  pan-European  exploitation  of  public
sector  information  and  that  the  gap  with
the US has increased.

In  addition,  the  experience  with  the  1989
Guidelines15  issued  by  the  Commission
services  on  the  exploitation  of  public
sector  information  suggests  that  a  non-
legislative  approach  in  this  area  will  not

15

Guidelines  for 
the  synergy
between  the  public  and  private  sectors  in
the information market Luxembourg 1989.

improving 

                                                
                                                
lead  to  the  necessary  results.  In  practice
these guidelines have had little impact.

legal 

existing 

Community
The 
instruments 
rules,  non-
(competition 
discrimination  rules,  rules  on  the  free
movement  of  services)  may  be  used  in
some  very  specific  cases  where  the  re-use
of public sector information by the private
sector  is  at  stake.  They  offer,  however,  a
relatively  limited  remedy  and  would  not
apply  in  many  other  situations.  Also  the
testing  of  the  boundaries  of  the  existing
legal  remedies  through  a  series  of  court
cases  will  take  a  long  time  and  will
perpetuate  the  present  situation  of  legal
uncertainty.  At  the  same  time  the  judicial
decisions would not resolve the underlying
problem  of 
rules  and
practices that exist in the different Member
States.

the  divergent 

Finally  it  should  be  kept  in  mind  that  the
proposal  for  a  directive  would  aim  at  a
minimum  harmonisation, 
a
considerable  margin  of  manoeuvre  for  the
governments but at the same time easing or
overcoming the main barriers for industry.

leaving 

4.2.3. 

Improving the practice of the EU-
institutions

The  involvement  and  confidence  of  the
citizens  in  the  European  Union  can  be
enhanced by granting an extensive right to
access administrative documents held by
the  Community  Institutions.  To  this  end,
the European Parliament and Council have
regulation16, 
implementing
adopted  a 
article  255  EC.  At  the  same  time  the
Commission  is  working  on  a  programme
for improving access for the blind.17

16

17

Parliament 

and  Council
European 
Regulation  2001/1049  of  30  May  2001
regarding  public  access 
to  European
Parliament,  Council  and  Commission
documents, OJ L 145, 31.5.2001.
On  25.9.2001  the  Commission  adopted  a
Communication 
the
on 
accessibility of public Web sites  and  their
content.  The  aim  is  to  make  Web  sites

improving 

However, public access to documents held
institutions  does  not  mean
by  EU 
unfettered  access.  The  principles  of
personal  data  protection  continue  to  apply
to  personal  data  processed  by  EU
institutions  and  the  fact  that  they  may  be
contained  in  a  community  administrative
document does not deprive the data subject
of adequate protection of his or her right to
privacy.  Accordingly,  article  286  EC  has
by
been  more 
specified 
narrowly 
Regulation  (EC)  No  45/2001  of 
the
European Parliament and of the Council of
18  December  2000  on  the  protection  of
individuals with regard to the processing of
the  Community
by 
personal 
institutions  and  bodies  and  on  the  free
movement of such data.18

data 

Questions  of  openness  and  transparency
the
are  also  a  central  element 
Commission  White 
on
Governance  that  was  published  in  July
2001.19

Paper 

in 

To facilitate the access to EU-law, all EU-
legislation in place and in preparation will
be accessible for free on the Internet in all
the  Union 
from  1.1.2002
languages 
onwards (through the EUR-Lex portal).

the  policies  of 

In  parallel, 
the  EU
Institutions concerning the exploitation of
EU  information  need  to  be  updated  and
clarified.  This  update  will  protect  the
interests  of  all  parties  involved,  and  will
restrictions  on
not  place  unnecessary 
information
in 
private 
market  leading  to  new  economic  activity
and 
the
geographic
policies 

job-creation. 
in 

It  will 
to 

initiatives 

relation 

include 

the 

more accessible to people with disabilities
and older people.
OJ L 8, 12.1.2001.
European  Governance  A  White  Paper,
COM(2001) 428, 25.7.2001. Also relevant
in this context is the  Communication on a
for  co-operation  on
new 
activities  concerning  the  information  and
communication  policy  of  the  European
Union, COM(2001) 354.

framework 

18

19

13

                                                
                                                                      
information  on 
territory
collected  and  collated  by  the  Institutions
for use in monitoring EU policies.

the  European 

More  in  general,  in  the  framework  of  the
initiative  which  was
eCommission 
presented in March 2000  in the context  of
the  White  Paper  on  Internal  Reform  the
Commission  will  improve  its  own  use  of
the tools of  the  Information  Society in  the
light  of 
the  most  advanced  solutions
adopted throughout Europe.20 The eEurope
its  government  online
action-plan, 
priority  action  has  set  the  target  that  all
the  European
basic 
research
Commission 
contracts,  recruitment,  procurement)  must
become available online.

transactions  with 
(e.g. 

funding, 

in 

A regulatory framework at European
level

become part of the existing eGovernment
Working Group.

It  will  serve  as  a  co-ordination  platform
and  a  sounding  board  for  the  above-
mentioned  activities.  It  should  provide
input to the different initiatives, and be  an
important  axis  for 
the  detection  and
dissemination of best practices. The Group
will  consist  of  representatives  of 
the
Member  States  and  should  involve  other
interested  institutions  and  organisations
such  as  the  European  Parliament,  actors
industries,
Information 
from 
the 
consumers’ 
Its
etc. 
organisations 
composition  may  vary  depending  on  the
subject  being  treated.  The  Group  will
collaborate  with  other  fora  like  the  High
Level  group  on  the  Employment  and
Information
Social  Dimension  of 
Society.

the 

Main Actions

A process involving all relevant players

- Explore the need and modalities for a

proposal for a directive on the
exploitation of public sector information.

- Update the policies of the EU institutions
on the exploitation of EU information.

4.3. 

A process involving all relevant
players

A Group to Promote Digital Public Data
will  ensure  an  efficient  co-ordination
between the Member  States, and  will be  a
forum 
for  communication  with  other
interested parties. The establishment of this
Group  was  already  welcomed  by  Council
in  connection  with  the  adoption  of  the
eContent  programme.  In  order  to  create
synergies  with 
eGovernment
activities  and  to  limit  the  number  of
Groups  working  in  similar  or  adjacent
areas,  the  forum  may  be  attached  to  or

other 

20

On 12 June 2001 the Commission adopted
its  strategy  in  this  area:  ‘eCommission
strategy  Towards 
:
Implementation  Strategy 
2001-2005’,
SEC(2001) 924.

the  e-Commission 

14

Main Action

-.Set up a Group to Promote Digital Public
Data  that  will  act  as  a  co-ordination
platform and sounding board.

5. 

CONCLUSION

The  advent  of  the  Information  Society  is
creating  unprecedented  conditions  for
access to  and  exploitation  of  public  sector
information.  Communication 
between
administrations and citizens and businesses
can  be  enhanced.  Electronic  tools  can
significantly  improve  the  services  and
information  flows  from  administrations  to
their constituencies. At the same time they
offer  unique  opportunities  for  the  re-use
and 
sector
exploitation  of  public 
information  within  the  emerging  digital
economy.  Bringing  out  this  potential  will
create vast economic opportunities  while
helping 
information
industries  to  bridge  the  gap  with  their
American  counterparts.  Not  acting  in  this
area will have a cost for Europe,  affecting

European 

the 

                                                
the  European  information  industries  and
the internal market as a whole.

a 

in 

co-ordinated 

This  Communication  proposes  actions  to
develop 
approach
addressing a range of issues contributing to
putting  the  right  conditions  in  place.  In
particular  a  directive  for  the  commercial
and non-commercial reuse of public sector
is  considered,  addressing
information 
barriers  caused  by  differences 
the
national  regulations  and  practices.  The
is  completed  by  catalysing
picture 
developments with European wide impact,
making  use,  amongst  others,  of 
the
eContent  programme  and  the  framework
programmes  for  R&D.  Also,  in  line  with
the  open  method  of  co-ordination  (Lisbon
European  Council)  learning  from  each
other’s  experiences  through  an  exchange
of  best  practices  will  be  promoted,
amongst  others 
to
Promote  Digital  Public  Data,  that  may  be
attached  to  the  eGovernment  Working
Group.

through  a  Group 

Together,  the  measures  proposed  in  this
communication  are  designed  to  ensure  an
improved  use  of  public  information  to  the
benefit 
and
businesses.  Their  final  aim  is  to  bring  out
the 
sector
full  potential  of  public 
information as a key resource for Europe
and for all Europeans.

of  European 

citizens 

15