European Commission opens infringement cases against Sweden and Poland for failing to implement the PSI Directive
16th October 2008
The European Commission has today launched infringement proceedings against Poland and Sweden for failing to fully implement the re-use of PSI Directive. The Commission has sent letters of formal notice, which is the first step of an infringement proceeding, to the two countries, which now have 2 months to reply to the Commission. If the Commission receives no reply, or if the observations presented by the Member State are not satisfactory, the Commission may decide to issue a reasoned opinion, which is the second stage in an infringement proceeding. After that, if the Member State fails to fulfill its obligations, the Commission may refer the case to the European Court of Justice.
The Commission considers that both Polish and Swedish legislation fail to fully implement several provisions of the PSI Directive, including those that prohibit exclusive arrangements and discrimination.
The infringement case against Poland regards rules about individuals' rights to re-use certain public sector information, charging for such use, non-discrimination between users, transparency about what information is available for re-use, licensing conditions, prohibition of exclusive arrangements (awarded by public organisations to companies for exploiting public sector information) and processing of requests to re-use the information. The Commission considers that these provisions of the PSI Directive have not been transposed into Polish law.
The case against Sweden regards charging, non-discrimination, prohibition of exclusive arrangements, processing of requests to re-use public sector information and the formats in which it should be made available. The Commission considers that these provisions of the PSI Directive have not been, or have been incorrectly, transposed into national law.
The full press release from the Commission can be found here: