Area: Javna uprava
Competent authority: MJU
EZU URL: .nan
Initiative ID: 659
Initiative accepted and completed: '2015-10-07'
Initiative classified in EZU: .nan
Initiative forwarded in response: '2015-10-05'
Initiative published: '2015-10-05'
Initiative submitted: '2015-09-11'
Response from the competent authority: 'Response of AJPES and the Ministry of Public
  Administration:The Ministry of Public Administration has drafted an amendment to
  the Act on Access to Public Information based on the amended European Directive
  on the re-use of public information (Directive 2003/98/EC and 2013/98/EC on the
  re-use of public information). In the area of re-use, the changes foreseen are specifically
  in the area of charging for databases collected in public registers on the basis
  of the performance of public tasks. This will make all data from the state administration
  or state bodies available for re-use free of charge. An exemption may be granted
  to bodies in the wider public sector, or those which are not directly financed from
  the budget and are required to obtain other sources of revenue for the performance
  of public tasks, in accordance with the Directive (AJPES is included in this structure
  of bodies).  While the amended draft law foresees the possibility of an exemption,
  the decision on whether to fully open data will be taken in cooperation with the
  Ministry responsible for finance, as the lost source of revenue from re-use will
  have to be replaced from the budget.  So we can expect some changes in this area
  already at the end of this year. The draft law is published on the MoJ website.
  We are aware of the great potential that re-use and open data have and we are planning
  a series of activities and projects to bring about improvements in this area. Ajpes
  already publishes some data in open data formats, including data from the Business
  Register of Slovenia on its website and the Register of Obliged Persons for Access
  to Public Information (in XML). For the records you refer to, AJPES charges for
  the provision of data for profit in the context of data re-use in accordance with
  the adopted tariffs and price list:- Re-use of the Business Register of Slovenia:
  Tariff of Fees for the Re-use of Public Data of the Business Register of Slovenia
  - Re-use of the Annual Reports of Business Entities: Tariff of Fees for the Re-use
  of Public Data from the Annual Reports of Business Entities - Re-use of the Register
  of Transaction Accounts: Price List of Fees for the Re-use of Public Data of Business
  Entities from the Register of Transaction Accounts.The tariffs and price list are
  adopted on the basis of the Law on Access to Public Information and the Regulation
  on the Transmission and Re-use of Public Information (the Regulation), which provide
  that the Authority may charge a price which may not exceed the costs of collection,
  preparation, reproduction and dissemination of the information, as further specified
  in the Regulation. With regard to the provision of automated transmission of data
  or documents generated in insolvency proceedings, reference should be made to the
  courts, as data and documents in insolvency proceedings are originally generated
  there. The software that allows for the keeping of a register of cases in insolvency
  proceedings and the transmission of information on individual insolvency proceedings
  and the transmission of documents in these proceedings is managed by the Informatics
  Centre (Article 122a of the Act on Financial Management, Insolvency and Compulsory
  Winding-up Proceedings). The data and documents of the court are made publicly available
  on the AJPES website, of which AJPES is the operator. However, AJPES is not the
  operator of the data and documents generated in the insolvency proceedings, and
  therefore cannot guarantee the re-use of these data and documents. We suggest that
  you forward your request for re-use of data to the aforementioned centre. We are
  aware that users have to do a lot of manual work when retrieving documents, therefore
  we have addressed the Supreme Court of the Republic of Slovenia on this issue on
  22 September 2015.In accordance with the Companies Act (ZGD-1), AJPES is authorised
  to collect, process, transmit and publicly publish the annual reports of companies,
  sole proprietors and cooperatives.The AJPES is authorised to collect, process, transmit
  and publicly publish the annual reports of companies, sole proprietors and cooperative
  societies. Pursuant to Article 58 of the ZGD-1, for the public publication of annual
  reports, it charges fees to cover the actual costs related to the capture of reports
  in computerised form and the maintenance of websites dedicated to the public publication
  of annual reports or the costs related to the production of copies of reports. The
  tariff of fees for services provided by AJPES under Article 58 of the Companies
  Act is adopted by the Council of AJPES and approved by the Ministers responsible
  for the economy and justice. This ensures control over the level of the fees, which
  may not exceed the actual costs of collecting, processing, publicly publishing annual
  reports and the costs of providing electronic storage of annual reports.The published
  annual reports on the AJPES portal (JOLP) are freely available for the last three
  years. AJPES is not responsible for maintaining the list of VAT taxable persons,
  but the list of taxable persons is freely accessible to all.'
Text file: 659.txt
Title: Public publication of data and public registers and records
URL: https://www.stopbirokraciji.gov.si/pobuda/?st=659
