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Public task in the PSI directive

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

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Public task in the PSI directive

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  1. The notion of public taskLAPSI Thematic Seminar: PSI and competition lawKatleen JanssenICRI – K.U.Leuven

  2. 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)

  3. 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

  4. 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?

  5. 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

  6. 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?

  7. Thank you! • katleen.janssen@law.kuleuven.be NEW! Postgraduate Studies in ICT & Media Law: please consult www.icri.be for more information!

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