The Exclusion of 'Public Undertakings' from the Re-use of Public Sector Information Regime

AutoreMarco Ricolfi - Josef Drexl - Mireille Van Eechoud - Manuel Salmeron - Cristiana Sappa - Prodromos Tziavos - Julian Valero - Francesca Pavoni - Paolo Patrito
Pagine147-152
The Exclusion of “Public Undertakings”
from the Re-use of Public Sector Information Regime
MARCO RI COL FI, JO SEF DR EXL , MIRE ILL E VAN EECH OUD
MANU EL SAL MERO N, CRI STI ANA SAP PA, PROD ROMO S TZIAVOS
JULI AN VALE RO, FRA NCES CA PAVONI, PAOLO PATR ITO
1. It is anticipated that the rules concerning re-use of public sector infor-
mation held by public sector bodies will be subject to the impact assessment
exercise under Art. 13(2) of the Directive and to a thorough review intended
to explore different policy options in the area and possible legislativeamend-
ments. While in principle the whole area of the scope is subject to scrutiny,
the issue for which LAPSI’s contribution is sought is more limited and is
described as follows:
“Should public undertakings be covered by the PSI Directive? The def‌i-
nitions of public sector bodies and bodies governed by public law (Art. 2,
Recital 10), to which the PSI Directive applies, are currently taken from the
public procurement Directives and public undertakings are not covered by
these def‌initions. Should public under takings be considered as public sector
bodies in the meaning of the Directive? Are there public undertakings hold-
ing “interesting” PSI? Is e.g. the UK Royal Mail a public undertaking in the
meaning of the Directive? Are there different def‌initions of national legis-
lation leading to situations where bodies holding similar (public sector) data
are in some Member States considered as public sector bodies (falling under
the PSI Directive) and in other Member States considered as public undertak-
ings (PSI Directive not applicable)? If public undertakings were to be covered
by the PSI Directive, how should the def‌initions of public sector bodies and
M. Ricolf‌i is Professor of Intellectual Property Law at Turin Law School and LAPSI
coordinator; J. Drexl is Director of the Max Planck Institute for Intellectual Property and
Competition Law; M. van Eechoudis Associate Professor of Information Law at the Institute
for Information Law at the Universityof Amsterdam; M. Salmeron is Professor of Admini-
strative Law at the University of Murcia, C. Sappa is LAPSI Project Manager and Post-doc
Researcher in Intellectual Property at the Turin Law School, P.Tziavos is Post-doctoral fel-
low at the London School of Economics, J. Valero is Professor of Administrative Law at
University of Murcia; F. Pavoni is Post-doc Researcher in Administrative Law at the Turin
Law School and P. Patrito is PhD candidate in Administrative Lawat the Turin Law School.
This paper and the two previous ones have been producedby LAPSI, the European Thema-
tic Network on Legal Aspects of Public Sector Information re-use. The LAPSI Thematic
Network produced these papers in view of the impact assessment exercise linked to the re-
vision of the Directive 2003/98/EC scheduled for 2012. These papers will be updated and
improved until the end of the LAPSI Project(September 2012).

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