Discussion Group 2

Dear Forum Participant,

Welcome to Theme 4 on "Charging for providing information upon request".

We welcome you to answer the guiding questions listed below.

1. In your experience, does your government charge a fee to cover operational costs and other basic costs? If so, please specify.

2. What type of biosafety information is provided free of charge/available at a cost?

3. If access to the biosafety information is to be free of charge, who should cover the cost of reproducing and distributing the information?

Best regards,

Ulrika Nilsson

4. Charging for providing information upon request
In principal free of charge.
Nevertheless, compensation of related costs is generally required, such as for search for required information, paper used, copies made, technical data carrier, fee for sending information to applicant etc.

Milena Roudna

Pursuant to Article 2(3) of the Law of the Republic of Lithuania on the Right to Receive Information from State and Municipal Institutions (Official Gazette Valstybės Žinios, 2000, No 10-236; 2005, No 139-5008, 2009, No 75-3064; 2010, No 63-3088), all information on the activities of an institution in performing the functions assigned by legal acts shall be available to all and shall be provided free of charge. Article 8 of this Law details the charging procedure: “1. Institutions shall provide information free of charge, except in cases where a state duty or a statutory fee is charged for the provision of information. 2. A fee for the provision of information must not exceed the costs of preparation and provision of information with a reasonable return on investment. 3. The institution shall publish on its website the conditions for the provision and use of information established in accordance with laws and other legal acts, indicate the amount of state duties or a fee for the provision of information if the information is provided for a fee. 4. At the applicant’s request, institutions shall provide justification for the calculation of a state duty or a fee for the provision of information.”
The applicant shall cover only the costs of provision of biosafety information in accordance with the procedure laid down in laws and other legal acts (pay for copying, publishing, etc.). Government Resolution No 1039 of 1 September 2000 approving the procedure for reimbursing the costs of document copying establishes the procedure for paying for copies.

Respectfully,
Gintare Blazauskiene (NFP)
Genetically Modified Organisms Division
Nature Protection Department
The Ministry of Environment of Lithuania

1. In your experience, does your government charge a fee to cover operational costs and other basic costs? If so, please specify.

In the event a member of the public wishes to access any biosafety information from the government, such a person would have to fill in the requisite forms and send this to the government. The government will then advise the person how much this would cost. The cost is for the photocopying and postage changes. This is not in line with a free and open society where information should be made available free of charge -on line. Especially, if Parties were in compliance with obligations under the Protocol dealing with the Biosafety Clearing House. The cost factor effectively excludes the poor from accessing information.

2. What type of biosafety information is provided free of charge/available at a cost?

Very little, if any biosafety information is provided free of charge, particularly since the BCH provisions of the Protocol are not being complied with. The 'free' information is mainly restricted to the Minutes of Executive Council meetings, which are posted on the internet-some time after the meeting has taken place. Any information we request, has to go through the Promotion of Access to Information Act (PAIA) -submitting of a special form and paying the fees.

3. If access to the biosafety information is to be free of charge, who should cover the cost of reproducing and distributing the information?

Biosafety information that is required to be made available under the Protocol on line, should be made available and this can well constitute the free information. Information that is able to be downloaded from the internet. This will not be adding any additional financial burdens on the state, and will be in line with the Protocol.

1. In the current situation of my country, no request for information on the biosecurity is invoiced.  Information on the biosafety is free. 

2. All the requests for information on the biosafety are free. 

3. Information on the biosafety is free and it is the Government which must deal with the costs dependent on the production and of distribution of information on the biosafety.  Because according to the Constitution of Benin, it is the State which ensures any citizen a healthy environment and he has the obligation to defend it. 

KAKPO CComlan Marcel
Benin NFP of PCB and BCH

1. In your experience, does your government charge a fee to cover operational costs and other basic costs? If so, please specify.        
        No, our government does not charge a fee. All requests and responses are free of charge for applicants.

2. What type of biosafety information is provided free of charge/available at a cost?
       Any information is provided free of charge.

3. If access to the biosafety information is to be free of charge, who should cover the cost of reproducing and distributing the information?                    
        The Government covers the cost of reproducing and distributing the biosafety information. For example, the National Coordination Biosafety Centre (NCBC) reproduces and distributes the biosafety information because it is one of the functions of the centre. The budget of NCBC is provided by the Government of the Republic of Belarus.

BCH NFP Elena Makeyeva, Belarus