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 Staša Curk, Ministry of Public Administration

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)

MINISTRY OF PUBLIC ADMINISTRATION TASKS OF THE MINISTRY (Art. 32 of the Access to Public Information Act): promotional and developmental tasks, in particular: 1. Informing the public about the means and conditions for access to public information 2. Providing counseling to other bodies in relation to the application of the provisions of this Act 3. Other promotional and developmental tasks 4. Inspection and supervision over the implementation of this Act

GENERAL PRINCIPLES REGARDING PRICING AND CHARGING RE-USE OF PSI – DIRECTIVE 2003/98/EC 1. Non-discrimination (Art. 10) 2. Prohibition of exclusive arrangements (Art. 11) 3. The upper limit for charges (Art. 6)

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 1. the cost of collection, production, reproduction and dissemination, together with 2. 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.

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

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.

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.

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

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

Act on Access to Public Information, Decree on the provision and re-use of PSI THE MAIN PRINCIPLES ON PRICING AND CHARGING : 1. All forms of re-use for non-commercial purposes = FREE OF CHARGE 2. 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…) 3. 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

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: 1. Re-use for non-commercial purposes (free of charge) 2. Re-use for commercial purposes:  chargeable  non-chargeable

Act on Access to Public Information, Decree on the provision and re-use of PSI PRECONDITIONS FOR CHARGING AND PRICING: 1. Re-use for commercial purposes 2. The PSIH may charge 3. The PSIH wants to charge

Decree on the Provision and Re-use of PSI (Detailed measures and conditions for establishing the price from Art. 34a of the Act) SETTING A PRICE for re-use of PSI (in case of re-use for chargeable commercial purposes, Art.22 ) DISPOSAL PRICE (the costs of collection, preparation and dissemination of PSI, Art. 23) THE SHARE OF CHARGEABLE RE-USE for com. purposes (in respect of overall use of PSI, Art. 24) X

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: 1. Depreciation of required premises and equipment 2. Cost of indispensable services ( information solutions, external data processing etc.) 3. Direct costs of public officials´ work

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 = 600) The cost of establishing The cost of maintaining THE PRICE FOR THE DISPOSAL OF PSI:

RE-USE IN RESPECT OF OVERALL USE OVERALL USE OF PSI USE IN OFFICIAL PROCEDURES AND OTHER PUBLIC TASKS RE-USE OF PSI: Charg. Com. Purposes Non-charg. Com. Purposes Non-comm. Purposes +

SHARE OF RE-USE (CHARGEABLE COMMERCIAL PURPOSES) Share of Use in official procedures 50% or more Share of re- use 50% or less

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