Access to information08/03/04 / cata_european-union-news

This Directive is aimed at extending the accessibility and re-use of documents held and produced by public authorities in the member states by setting minimum rules in the area. The term “re-use” covers a subsequent use by a person who obtained the document from the authority and explicitly covers both non-commercial and commercial use. Even if the intended re-use is commercial, the authority may not charge fees higher than the actual costs for provision of the document. The authorities are also encouraged to produce and make electronic versions available without need to use specific software, thereby reducing costs and time necessary.

Existing rules of Member States on freedom of information and determination of accessible documents are not affected. The member states are obliged to announce if they are withdrawing a document from public access or are no-longer updating it.

Documents may be released without a licence or a standard licence agreement may be concluded, covering proper use, non-alteration, liability or acknowledgement of source. A licence offer shall be produced within 20 days of the application, in case of complex requests an extension of further 20 days is possible. Public authorities may only enter in exclusive agreements regarding the dissemination of documents covered by the directive where this is “necessary for the provision of a service in the public interest”, e.g. when it would not be otherwise feasible for a publisher to publish the document. Any such exclusive agreements should be reviewed at regular intervals. Even existing exclusive agreements shall be reviewed and, if non-compliant, terminated before 2008.

This directive entered into force on 31 December 2003 and Member States shall comply with it by 1 July 2005.