PSI REUSE PRICING AND CHARGING: The implementation of the principles imposed by the ReUse Directive

1
PSI RE-USE PRICING AND CHARGING The
implementation of the principles imposed by the
Re-Use Directive into Slovene legislation

• ePSIplus Conference, 7 November 2007
• Staa Curk, Ministry of Public Administration

2
PSI RE-USE LEGISLATION

• Directive 2003/98/EC
• Access to Public Information Act
• (Official Gazette RS No. 51/06, official
  consolidated version, UPB2)
• Decree on the provision and re-use of public
  information
• (Official Gazette RS, No. 76/05 of 12 August 2005)

3
MINISTRY OF PUBLIC ADMINISTRATION

• TASKS OF THE MINISTRY (Art. 32 of the Access to
  Public Information Act)
• promotional and developmental tasks, in
  particular
• Informing the public about the means and
  conditions for access to public information
• Providing counseling to other bodies in relation
  to the application of the provisions of this Act
• Other promotional and developmental tasks
• Inspection and supervision over the
  implementation of this Act

4
GENERAL PRINCIPLES REGARDING PRICING AND CHARGING
RE-USE OF PSI DIRECTIVE 2003/98/EC

• Non-discrimination (Art. 10)
• Prohibition of exclusive arrangements
• (Art. 11)
• The upper limit for charges (Art. 6)

5
GENERAL PRINCIPLES REGARDING PRICING AND CHARGING
RE-USE OF PSI DIRECTIVE 2003/98/EC

• THE UPPER LIMIT FOR CHARGES (Art. 6)
• Where charges are made, the total income from
  supplying and allowing re-use of documents shall
  not exceed
• the cost of collection, production, reproduction
  and dissemination, together with
• a reasonable return on investment.
• Recital 14 The Member States may apply lower
  charges or no charges at all, and should
  encourage public sector bodies to make documents
  available at charges that do not exceed the
  marginal costs for reproducing and disseminating
  the documents.

6

• Slovenia has implemented the general principles
  laid down by Directive 2003/98/EC in 2005 with
  the adoption of Act on revisions and additions to
  the Act on Access to Public Information - ZDIJZ-A
  (Official Gazette RS, No. 61/05 of June 30,
  2005)
• Art. 36a. Non-discrimination and Prohibition of
  exclusive arrangements
• Art. 34a. Price and other requirements for the
  re-use of public information

7
Act on Access to Public Information

• NON-DISCRIMINATION (Art. 36a.)
• The price for re-use of PSI shall be
  non-discriminatory for comparable categories of
  re-use.
• The re-use of information is allowed and open to
  all applicants at the same price and under the
  same conditions.
• The number of applicants to which a body grants
  the right to re-use is not limited. The body will
  not with a contract or any other agreement or
  decision grant an applicant such re-use of
  information, which would exclude the re-use of
  information by other users.

8
Act on Access to Public Information

• NON-DISCRIMINATION (Art. 36a.)
• If documents are re-used by a public sector body
  as input for its commercial activities which fall
  outside the scope of its public tasks, the same
  charges and other conditions shall apply to the
  supply of the documents for those activities as
  apply to other users.

9
Act on Access to Public Information

• PRICE FOR RE-USE (Art. 34a)
• The body can charge for the re-use of information
  
• for commercial purposes,
• except in case of re-use for the purpose of
  providing information, ensuring the freedom of
  expression, culture, art and media's re-use of
  information.
• The price may not exceed the costs of collecting,
  producing, reproducing, and disseminating,
  together with a reasonable return on investment

10
DECREE ON THE PROVISION AND RE-USE OF PUBLIC
INFORMATION

• Art. 35 of the Access to public information Act
  (GOVERNMENT REGULATION)
• The Government shall prescribe detailed measures
  and conditions for establishing the price from
  Article 34a ? Decree on the provision and re-use
  of public information, Articles 22 27.
• from the detailed provisions of the Decree on the
  provision and re-use of public information it
  follows that the Slovenian legislator adopted a
  pricing policy which allows only a recovery of
  the cost of collection, production, reproduction
  and dissemination without a reasonable return on
  investment

11
Act on Access to Public Information, Decree on
the provision and re-use of PSI

• THE MAIN PRINCIPLES ON PRICING AND CHARGING
• All forms of re-use for non-commercial purposes
  FREE OF CHARGE
• Certain forms of re-use for commercial purposes
  are also FREE OF CHARGE
• (re-use for the purpose of providing information,
  ensuring freedom of expression, culture, art and
  media's re-use of information)
• Charging re-use for commercial purposes
• is OPTIONAL (The body may charge for the re-use)
• UPPER LIMIT cost of collection, production,
  reproduction and dissemination

12
Act on Access to Public Information, Decree on
the provision and re-use of PSI

• Slovenia has adopted a unique pricing and
  charging policy in the sense that the charging of
  re-use is determined according to the intended
  purpose of the re-user
• Re-use for non-commercial purposes (free of
  charge)
• Re-use for commercial purposes
• chargeable
• non-chargeable

13
Act on Access to Public Information, Decree on
the provision and re-use of PSI

• PRECONDITIONS FOR CHARGING AND PRICING
• Re-use for commercial purposes
• The PSIH may charge
• The PSIH wants to charge

14
Decree on the Provision and Re-use of PSI
(Detailed measures and conditions for
establishing the price from Art. 34a of the Act)
X
15
THE PRICE FOR THE DISPOSAL OF PSI

• the cost of collection, preparation and
  dissemination of PSI, where the
• cost of establishing and
• the cost of maintaining the applicability of PSI
• have to be considered separately, consisting of
• Depreciation of required premises and equipment
• Cost of indispensable services (information
  solutions, external data processing etc.)
• Direct costs of public officials work

16
THE PRICE FOR THE DISPOSAL OF PSI

• In the case where a register of PSI has existed
  for a longer period of time, but at least for 5
  years
• The cost of establishing a register of PSI
• is calculated as
• The cost of maintaining the applicability of PSI
  and eventual cost for data computerisation for
  the period of the last five years
• (Eg. The register of PSI has existed for over 5
  years and the average annual maintenance costs
  amount to 100 ?
• Disposal price 5 X 100 100 600)

The cost of establishing
The cost of maintaining
17
RE-USE IN RESPECT OF OVERALL USE

18
SHARE OF RE-USE (CHARGEABLE COMMERCIAL PURPOSES)
Share of Use in official procedures
Share of re-use 50 or less
50 or more
19
THE PRICE FOR RE-USE

• Disposal price X The share of re-use for
  chargeable commercial purposes
• Eg. 600 X 20 120
• However, the PSIH cannot charge more than
  one-twentieth of this fixed price to an
  individual applicant (Art. 22 of the Decree)
• THE MAXIMUM PRICE FOR RE-USE FOR AN INDIVIDUAL
  APPLICANT
• Eg. 120 X 1/20 6