The aim of the PSI Directive was to introduce basic conditions to facilitate the re-use of PSI throughout the EU.

The review of the PSI Directive concluded that since its launch in 2003:

• Progress has been made but big barriers still exist
• Commercial re-use of PSI has been allowed
• Monopolies have been broken
• Fair trading conditions have been introduced
• Prices have been decreased
• There is more transparency

The main barriers identified by the review include:

• attempts made by public sector bodies to maximise cost recovery
• competition between public and private sectors
• practical issues hindering re-use, such as the lack of information on available PSI
• the mindset of public sector bodies failing to realise the economic potential of PSI re-use
  

The review recommends that Member States should:

• focus their efforts on full and correct implementation and application of the Directive
• terminate exclusive arrangements
• apply licensing and charging models that facilitate the availability and re-use of PSI
• ensure equal conditions for public sector bodies re-using their own documents and other re-users
• promote quick and inexpensive conflict and resolution mechanisms
  

The review says that the Commission will:

• Closely monitor implementation and application of the Directive
• Scrutinise exclusive arrangements (2009-10) in particular
• Analyse the economic case for marginal cost
• Encourage the exchange of good practices (proactive re-use policies, public tasks, conflict resolution)
• Further review by 2012, accompanied where appropriate by a proposal for amendments to the Directive.
  

See details of EC staff working document

This report is the outcome of a study undertaken by MICUS Consulting GmbH during 2008 on the behalf of the European Commission.
The report states that:

• the PSI Directive has had its strongest impact in the sector of geographical information (GI)
• 66% of GI re-users' income has increased and the market is enriched by new re-user groups which offer innovative application for GI
• 79% of private re-users would like to access more public GI, but some do not take it up, primarily because of unfavourable pricing and licensing conditions.
• 79% of holders of legal and administrative information provide their information free of charge on the internet
• since 2002 the market for legal and administrative information has grown by 40%
• in the sector of meteorological information the Directive has had little impact, even though the National Meteorological Services (NMSs) have introduced numerous changes in their data policy, only 5 of 25 NMSs have reported that they changed their data policies based on a change in their national legislation
• the market for private weather services  is growing, with 74% respondents recording a data volume download
• Re-users in all three sectors - geographical Information, legal and administrative information, and meteorological information, still complain about restrictive licensing and high prices.

Assessment of the Re-use of Public Sector Inforamtion in Geographical Information, Meteorological and Lecal Information Sectors

The European Commission has published a summary report on the results of the Review of the EC PSI Directive. The Review received 37 responses in total from a range of stakeholders including PSI content holders re-users, non-profit organisations, commercial associations, and private individuals. Many of these responses have also been published along with the report.  This report does not indicate how the Commission intends to address the issues raised by the consultation as the Commission’s Communication on the Review of the Directive is still currently under preparation. A general overview of the replies are as follows:

• Respondents have signalled that the Directive has had a positive impact on promoting PSI re-use in their respective countries by providing and establishing a legislative framework in a previously unregulated market.
• A majority of respondents say that significant barriers remain that would need to be addressed to fully exploit the PSI re-use potential in the EU.
• A majority of re-users suggest legislative amendments to the Directive to make it 'sharper' and 'tighter'.
• A majority of respondents believe that the implementation of the Directive has had very little impact on the pricing of PSI, although some exceptions have been signalled.
• The problems that have been frequently signalled are:

- lack of awareness of the potential of PSI re-use and of the Directive amongst public sector bodies, especially at regional and local level

- little effort from public sector bodies for facilitating and promoting re-use

- lack of knowledge or mechanisms to identify what information is available for re-use

- the non-mandatory requirements for PSI re-use

- strict licensing conditions imposed by public sector content holders

- the limits of the public task when public bodies commercially compete with private firms

- unfair competition practices by public sector bodies

- very limited transparency on public sector bodies' re-use policies and notably on the way charges are calculated

- the absence of efficient means of redress.

• Diverging views exist between public sector bodies (the supply side) and re-users (the demand side) on the PSI current re-use environment.
• The public sector bodies that represent the supply side believe that the Directive is working well.
• Re-users consider that the implementation of the Directive has been much too slow.
• Some respondents state that the Directive has been neither properly implemented nor applied in Member States.
• A significant number of stakeholders have expressed their support for extending the scope of the Directive to cultural, research, and broadcasting institutions.
• Respondents suggested the implementation of national asset lists / repositories and the obligation for Member States to report annually to the Commission on their actions towards promoting PSI.
• It was strongly recommended that guidance should be issued on specific terms of the Directive, e.g. the definitions of 'public tasks', 'documents', 'marginal cost pricing', and 'reasonable return on investment.'

See also the submissions to the EC Review consultation.

The EC Directive on the re-use of public sector information was adopted on 17 November 2003. It regulates the behaviour of public sector bodies when they act in the market by trading information (e.g. geographical, statistical or meteorological data) or making it available for re-use.

In the UK, the implementation of the Directive resulted in legislation for the re-use of PSI: The Re-use of Public Sector Information Regulations 2005 .

The purpose of the EC consultation on the EC Directive (2008) is to gather information from Member States on their views on different aspects related to the implementation, impact and scope of the Directive.  The results of this consultation will feed into the debate regarding the review of the Directive.  The consultation closes in September 2008.

To inform the review of the Directive, APPSI has answered the EC’s consultation questions by drawing on its report to the EC.

APPSI Submission to the European Commission (Word - 256 KB)

APPSI’s response to the EC’s questionnaire on the Review of the PSI Directive (PDF - 184 KB)

The majority view within APPSI is that:

• with certain explicit exceptions, Public Sector Bodies (PSBs) should be required to make PSI available for re-use;
• Public Sector information (PSI) originally created as part of the public task of a PSB or integral to the discharge of a public function should be within the scope of the Directive;
• high level EC policy guidance should be provided on interpretation of the concept of ‘public task’ and the UK government should create and operate a public process for its definition and periodic review; the process should include provision for public consultation and challenge;
• the scope of the exclusion of documents in which third parties own intellectual property rights should be clarified, so as to bring within the scope of the Directive documents (i.) where the third party is another EU public sector body; (ii) documents containing re-usable content that is not protected by the third party rights; and (iii) documents where the third party has licensed the document for re-use;
• EC guidance be provided to give much greater encouragement in the Directive for adoption of a marginal cost regime (for most documents), and clarification provided as to whether, and the extent to which, the costs that can be re-charged to re-users should relate to the documents in question or to documents in general; and also that guidance be provided on the principles that should apply to the calculation of costs, following best practice in Member States. The bulk of the APPSI members urge the UK government to move to a marginal cost pricing model for PSI;
• wherever exclusive arrangements remain, a justification should be published, and that all information about exclusive arrangements should appear in one place;
• the UK government should launch an awareness-raising campaign on the merits of PSI re-use.