Infringements Archives

ITALY

Italy - 10 July 2010 - Commission action triggers changes to PSI legislation in Italy - Following a letter of formal notice sent by the Commission to Italy on 23 March 2009 for incorrect transposition of Directive 2003/98/EC on the re-use of public sector information (PSI), Italy adopted new PSI legislation in the form of Article 44 of law No 96 of 4 June 2010 amending Decree Law No 36 of 24 January 2006. The amendments aim in particular to incorporate the general principle contained in Article 3 of the Directive and to amend other provisions which might restrict the scope of the re-use legislation on grounds of lack of ownership of the requested PSI by the relevant public sector body or of its nature (e.g. cadastral or statistical data). See the text of amendments.

The Commission subsequently closed the file on 30 September 2011.

Italy - 19 March 2009 - A letter of formal notice was sent by the Commission to the Italy for incomplete and incorrect implementation of Directive 2003/98/EC on the re-use of public sector information, to which the Italian authorities replied by letter received on 18 September 2009. The Commission is evaluating the Italian response and discussing the way forward with the Italian authorities. See the press release.

POLAND

Poland – 24 of June 2010 - The Commission decided to refer Poland to the Court of Justice for incorrect implementation of the PSI Directive. Polish legislation does not yet contain the general principle related to individuals' rights to re-use public sector information and the public sector bodies' corresponding obligations as set out in the Directive. Polish law also lacks provisions on subject matter, procedural requirements, specific conditions of re-use, as well as provisions on non-discrimination and prohibition of exclusive arrangements. For these reasons, the Commission decided to bring the matter before the European Court of Justice.

Poland - 25 June 2009 - Infringement against Poland (2nd step) for incorrect transposition of the PSI Directive.

Poland - 01 of January 2009 - Following infringement proceedings Poland has announced that it is planning the adoption of a self-standing Act on the re-use of public sector information. Interested stakeholders can consult the published document entitled: Assumptions for the draft law on re-use of public information (Założenia do projektu ustawy o ponownym wykorzystaniu informacji publicznej).

Poland and Sweden - 16 October 2008 - Infringements against Poland and Sweden (1st step) for incomplete and incorrect transposition of the Directive.

SWEDEN

Sweden - Following the additional letter of formal notice to the Swedish Government of 17/10/2008 for incorrect implementation of the PSI Directive, the Swedish authorities agreed that further implementation measures must be taken and submitted a plan for adopting new PSI legislation by 1st July 2010.

Sweden - 1 July 2010 - Sweden adopted new legislation transposing Directive 2003/98/EC on the re-use of Public Sector Information in the form of Law No 2010:566 of 3 June 2010 on the re-use of public administration documents entered into force on 1 July 2010. The new Swedish law specifically purports to promote the development of an information market by facilitating re-use by individuals of documents supplied by the authorities on conditions that cannot be used to restrict competition. More information on the Web site of the Government and the Government Offices of Sweden and on the ePSIplatform web site. See the text of the new Law.

The Commission subsequently closed the file on 30 September 2011.

Sweden and Poland - 16 October 2008 - Infringements against Poland and Sweden (1st step) for incomplete and incorrect transposition of the Directive.

Austria - Belgium - Portugal - Spain - Luxembourg

22 December 2006 - The Commission takes five Member States (Austria, Belgium, Portugal, Spain and Luxembourg) to the European Court of Justice for failure to implement the Directive on the re-use of public sector information (PSI) on time. Read the press release published on the Europa portal.

Following the transposition of the Directive by all five Member States, the cases were closed.

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