ePSIplus Thematic meeting: Pricing 1 April 19-20, 2007 Helsinki, Finland

1. ePSIplus Thematic meeting: Pricing 1 April 19-20, 2007 Helsinki, Finland Session 4 Pricing Policy – Impact Assessment An Overview of PSI Developments in Germany Michael Fanning Online Consultants International GmbH Karlsruhe

2. Germany – Key Facts and Figures Germany is a Federal Republic… Population: 80 million inhabitants. Political system: A Federation of 16 Federal States. The legal competence of the Federation with respect to the Federal States is regulated by the Basic Law. DSL-Connections: One of the largest in Central Europe1. 2005 Revenues from ICT2: • Germany €132.7 billion • UK €119.3 billion 2005 Revenues from online information3: • UK €775 million • Germany €399 million 1. TNS Infratest Business Intelligence 2. TNS Infratest Business Intelligence 3. EOIM-Bericht 2006, IRN-Research/oci …and something of a paradox!

3. Transposition of the EU PSI Directive in Germany • The EU PSI directive has been transposed into German law by the Gesetz über die Weiterverwendung von Informationen öffentlicher Stellen (Informationsweiter-verwendungsgesetz – IWG) (BGBL. I, S. 2913) of 13th December 2006. • The IWG entered into force on 19th December 2006 and is a 1:1 implementation of the EU PSI directive. • The IWG is a Bundesgesetz based on Art 74 I Nr. 11 GG (Recht und Wirtschaft) and • as such applies to the Federation, Federal States and the municipal administration. • The IWG itself does not create a right of access to official information. However the application of the IWG assumes that such a right is already in place. • The decisions as to whether official information may be re-used and the details of that use are the responsibility of the public authority concerned. • Practical arrangements in the sense of the Article 9 of the EU PSI directive include: Legal information portal – www.justiz.de Company registry information portal – www.handeslregister.de Geographic information portals - www.geodatenzentrum.de www.geoportal.bund.de

4. The Informationsweiterverwendungsgesetz (IWG) in Context Note: The situation regarding both specialist and general rights of access to official information has improved dramatically over the last 5 years. However, the IWG (circled in red) does not itself provide a right of access to official information. Rather it assumes that a right of access to official information has been provided for by FOI legislation already in place. Only eight of the sixteen Federal States have so far enacted FOI-legislation.

5. PSI Markets: Legal and Regulatory Information – An Overview Sources Intermediaries End-users Federal Government Federal Administration Federal Courts Other Federal Institutions Federal State Administration Federal State Government Local Public Administration Legal Publishers („Black letter law“) Federal State Courts Lawyers & Legal Departments Academia Local Public Administration Legal Publishers („Regulatory“) Companies & Lawyers

6. PSI Markets: Company Registration and Financial Information – An Overview Sources Intermediaries (as of 01.01.2007) End-users Federal Administration Federal State Administration Enterprises • All sizes • Approx. 3 million • in Germany Local Public Administration Company Registration Information (Handelsregistereintrag) Lawyers Banks & Financial Institutions Company Annual Accounts (Jahresabschlüsse) Companies

7. PSI Markets: Geoinformation – An Overview Sources Intermediaries End-users Federal Government GeoDatenZentrum Federal Administration (GIW-Kommission: • created in 2003, • led by BMWi) Federal Institutions Federal State Administration (PPP in NRW) Vermessungsämter Geschäftsstelle des Deutschen Dachverbandes für Geoinformation e.V. (DDGI) Local Public Administration Federal State Government and Institutions Academia Companies Interministerieller Ausschuss für Geoinformationswesen (IMAGI) (Federal Government Initiative from 1998. Led by Federal Ministry of Interior (BMI)) Local Public Administration Individuals

8. Pricing Issues General issues • The pricing models and pricing mechanisms for the re-use of information from the public sector are the responsibility of the public authority that holds the information. • Currently, between Federal, Federal State and municipal public authorities there is no overall co-ordination of PSI re-use activities, nor is there a mechanism nor an institution in place to do so. Sector specific issues Geoinformation Structured data with variable information types, e.g. maps, statistical data, demographics. Developed commercial market with emphasis on intergration of data and information in products and services. Legal and Regulatory Clearly defined and stable information types, e.g. cases, laws, collections of both. Established commercial market with established pricing models e.g. subscription, pay-as-you-go, flatrates, single and multiple purchases, discount options etc. Company Information Structured data with defined information types, e.g. company entries in Register, annual accounts. Specialised commercial market with established pricing models e.g. subscription, pay-as-you-go, single and multiple purchase.

9. Impact Issues General issues: A consideration of PSI developments in Germany • highlights the fact that public authorities are • themselves amongst the biggest users of „re-used“ • public sector information products and services. The true commercial potential has yet to be realised. • challenges the commitment of Federal and Federal State bodies to a fledgling PSI market given that they have developed their own products and services and may see commercial organisations as „competitors“. Sector specific: Legal and Regulatory • Challenge to role of juris. Company Information • Questions on role of the Bundesanzeiger Verlag. Geoinformation • Challenge to public authority products / services. The principle of local autonomy for its institutions is as strong in Germany as it ever was…

10. Recommendations • Increase awareness and consequences • It is recommended that activities be undertaken to promote the benefits of re-use of PSI to all potential stakeholders, be they in the public as well as in the private sector. Further that these activities should emphasise the cost to Germany of not developing its PSI market or of maintaining the status quo. • Locate and network champions • It is recommended that such awareness activities be undertaken and driven by a nationally focused organisation or institution that is able to draw to itself the interest • and commitment of the Federal, Federal State and municipal authorities as well as commercial organisations. The IMAGI, GDI-DE and GeoBusiness initiatives of the Geoinformation market may be looked upon as role models in this respect. • Build upon existing networks • It is recommended that the initiative mentioned above build upon existing networks like those of the Geoinformation market and also of trade and professional associations (Verbände) in order to accelerate the development of the economic potential within the overall market for re-use of public sector information.