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
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)
•
Public task in the PSI directive
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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
Defining the public task

Positive or negative?
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General or specific?
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“What is in? What is out?”
General: still not clear
Specific: too restrictive
Depends on time, place, political opinion, societal
preferences etc.
No definition...
Alternative notion?
Defining the public task

Relationship with competition law

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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
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
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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?
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Thank you!
katleen.janssen@law.kuleuven.be
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