The notion of public task LAPSI Thematic Seminar: PSI and competition law Katleen Janssen ICRI – K.U.Leuven

Public task in the PSI directive Subject matter and scope Documents the supply of which is an activity falling outside of the public task (article 1.2(a)) Definitions Re-use: the use...for commercial or non-commercial purposes other than the initial purpose within the public task for which the documents were produced (article 2.4) Non-discrimination 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,...(article 10.2)

Public task in the PSI directive Determines the application of the PSI directive (e.g. against the INSPIRE directive) Determines the applicability of competition/antitrust law? Dilemma of the public task Providing accessible information to the citizens Practical, financial, technical and intellectual accessibility Providing information services on the market in competition with the private sector In a level playing field, under conditions of fair competition

Defining the public task Positive or negative? What is in? What is out? General or specific? General: still not clear Specific: too restrictive Depends on time, place, political opinion, societal preferences etc. No definition... Alternative notion?

Defining the public task Relationship with competition law Directive refers to services of general economic interest (recital 20), service in the public interest (article 11.2) Can these be used? Terms overlap, but are not the same Terms are also unclear and under discussion

The notion of public task How about not defining the public task? If possible for a particular organisation: great! Intermediate revisions will probably be necessary Remaining grey zones Procedure to handle problem cases? Cf. other sectors, e.g. Public value test Ex ante evaluation of new broadcasting service Public value and economic impact is assessed Involvement of separate sectoral body, competition authority and public Opportunities for PSI?

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