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Published in the Official Gazette of the Republic of Slovenia, no. 76/05, on 12. august 2005.

DECREE

on the provision of public information

I. GENERAL PROVISIONS

Article 1

(Subject)

This Decree lays down the method by which public information shall be provided, the method by which such information shall be published on the world-wide web and the method by which a catalogue of public information shall be drawn up. It lays down in detail what is deemed to be data from a document in production and what information is public.

II. CATALOGUE OF PUBLIC INFORMATION

Article 2

(Content of a catalogue of public information)

(1) Bodies shall maintain an up-to-date catalogue of public information, which shall contain at least:

(2) The data referred to in points 1 and 2 of the first paragraph of this article shall, as a rule, be directly accessible via the catalogue in electronic form.

(3) Rather than draw up a catalogue of their own, bodies may draw up joint catalogues or partly joint content of a catalogue.

(4) Bodies shall draw up a catalogue on the basis of the sample catalogue annexed to this Decree.

Article 3

(Language versions of a catalogue of public information)

Bodies having their head office in municipalities where the language of a national minority is used as an official language alongside Slovene in dealings with the body shall ensure that the entire catalogue referred to in the preceding article is also available in the language of the national minority.

Article 4

(Updating a catalogue of public information)

Bodies shall regularly maintain the catalogue referred in Article 2 and, by the end of the current month at the latest, update the data in it to take account of changes and additions in the content of the catalogue or in the public information which occurred in the previous month.

Article 5

(Publishing a catalogue of public information)

Bodies shall publish the up-to-date catalogue referred to in Article 2 in an electronic form which can be suitably printed in a user-friendly way. Bodies may additionally publish the catalogue in some other appropriate manner.

III. DATA FROM A DOCUMENT IN PRODUCTION

Article 6

(Determining criteria)

(1) Data in a document which has not yet been signed and dispatched or in some other way closed by the responsible officer of the body who, in accordance with the rules in force, has decision-making power shall be deemed to be data from a document in production which is kept by the body.

(2) In the case of data in a document being created as part of a project carried out in accordance with the Methodology for Project Management in the State Administration (hereinafter referred to as ‘methodology’), data in a document which has not yet been approved in accordance with the methodology rules shall be deemed to be data from a document in production.

IV. TYPES OF PUBLIC INFORMATION PUBLISHED ON THE WORLD-WIDE WEB

Article 7

(Consolidated texts of regulations)

(1) Ministries and government departments shall publish on the world-wide web the unofficial consolidated texts of regulations in force relating to the area in which they work.

(2) Local authorities shall publish on the world-wide web the official or unofficial consolidated texts of their regulations and a register of local authority regulations.

(3) Other bodies shall provide a link on the world-wide web to the content referred to in the first two paragraphs of this article and shall publish on the world-wide web the official or unofficial consolidated texts of their founding acts and other regulations.

(4) Bodies shall publish the regulations referred to in the first paragraph of this article in the central online database of unofficial consolidated texts of regulations, which is linked to the national register of regulations. The wording of regulations in the database must always be identical to the wording of regulations on the bodies’ websites.

(5) Together with the publication of the unofficial consolidated texts of regulations referred to in this article, the bodies shall be required to provide a warning, as a condition of access to a text, that the text is an unofficial consolidated version intended merely as a working aid for information purposes in respect of which the body accepts no liability for damage or any other liability.

Article 8

(Programmes, strategies, positions, opinions, studies and other similar documents)

(1) Programmes, strategies, positions, opinions, studies and other similar documents published by bodies on the world-wide web shall include, in particular:

(2) Work programmes and other similar programmes drawn up by inspectorates and other bodies in connection with the implementation of procedures for supervising the operations of entities governed by public and private law shall not be considered to be documents within the meaning of the first paragraph of this article.

Article 9

(Proposed regulations, programmes, strategies and other similar documents)

(1) Proposed laws or other National Assembly acts and proposed government decrees shall be published by the ministry on the world-wide web as soon as they are adopted in government committee.

(2) Proposed rules or other acts of the minister which are published in the Official Gazette of the Republic of Slovenia shall be published by the ministry on the world-wide web at least seven days prior to their proclamation.

(3) Local authorities and holders of public authority must publish their proposed general acts on the world-wide web at least seven days prior to their proclamation.

(4) A proposed programme, strategy or other similar document must be published on the world-wide web at least 15 days prior to its adoption by the body which drew it up.

(5) Notwithstanding the preceding paragraphs, a body shall not publish an act on the world-wide web if it contains information which would mean that, in accordance with the law, the body would refuse a request for access.

(6) In urgent cases a body shall not be bound by the time periods referred to in the preceding paragraphs in publishing the acts referred to therein. It shall be considered that a case is urgent if that urgency is based on a law or a regulation issued on the basis thereof, or if owing to the consequences of a natural disaster, epidemic or state of emergency or for similar reasons disturbances have occurred or could occur in areas which jeopardise public health and safety, or in the event of significant disturbances in the market or in public provisioning, or if market stabilisation measures are necessary or where it is urgent in order to achieve economic policy goals and measures, or where prior publication could have negative consequences on public finances, or in other similar circumstances.

(7) In the case of documents referred to in the first four paragraphs of this article, bodies shall publish together with the original document all later versions of that document in order to ensure that changes to the original document can be tracked.

(8) Together with the publication of documents referred to in this article, the body shall be required to provide a warning, as a condition of access to a text, that the documents are proposals for regulations or other documents in respect of which the body accepts no liability for damage or any other liability. That warning must also contain a clarification that the solutions proposed in the proposed regulation or other document will not necessarily be contained in the adopted regulation or other document. Following the adoption of the proposed regulation or other document the body shall add to the warning a link to the adopted regulation or other document.

(9) Documents referred to in the preceding paragraphs shall continue to be accessible on the web after having been adopted by the relevant bodies.

Article 10

(Details of services provided by bodies)

(1) A body must publish on the world-wide web details of its services under Article 2(1), point 2, subpoints g) and h) of this Decree, specifying at least:

(2) Administrative bodies must publish on the world-wide web details of administrative services under Article 2(1), point 2, subpoints g) and h) of this Decree in accordance with the regulations governing their customer operations.

(3) Details of the services provided by bodies must be arranged according to subject area.

Article 11

(Other public information)

(1) A body must also publish on the world-wide web the following public information:

(2) The ministry with responsibility for the information society shall also publish the following information on its website and on the e-administration single national portal:

Article 12

(Publishing public information on the world-wide web)

(1) Bodies shall ensure that their websites are at all times accessible, available, rational and user-friendly.

(2) Bodies shall ensure that their public information on the world-wide web can be linked to the e-administration single national portal.

(3) Within three months of this Decree entering into force, the minister with responsibility for the information society shall lay down in detail the technical and design requirements for the websites of state administration bodies and the electronic form of individual documents to be published on the world-wide web.

Article 13

(Access to information for people with special needs)

Bodies must ensure that public information which is published on the world-wide web can also be accessed by people with special needs, at least by ensuring that public information on the web is also available in text-only version.

V. METHOD OF PROVIDING PUBLIC INFORMATION

Article 14

(Choice of form)

(1) If the public information exists in electronic form and hard copy, the applicant may choose in which form he wishes to receive it.

(2) If the public information exists only in electronic form or only in hard copy, the applicant may choose the form in which he wishes to receive it and, where appropriate, the body shall charge the applicant for the material costs of converting it from electronic form to hard copy or from hard copy into electronic form in accordance with the Access to Public Information Act and regulations issued on the basis thereof.

Article 15

(On-the-spot inspection)

(1) If the applicant wishes to inspect the public information requested on the spot, the body’s authorised officer shall enable him to carry out such inspection in office hours on the body’s premises.

(2) The authorised officer referred to in the preceding article shall ensure that the applicant is able to inspect the information requested in a suitable room and that he has sufficient time in which to do so.

VI. OTHER MATTERS RELATING TO THE PROVISION OF PUBLIC INFORMATION

Article 16

(Partial access)

(1) If a document or a part of a document only partly contains information referred to in Article 6 of the Access to Public Information Act, it shall be deemed that that information can be removed from the document without prejudicing its confidentiality, if it can be:

(2) Notwithstanding the preceding paragraph, it shall be deemed that information cannot be removed from a document if the removed information can be deduced from other information in the document.

(3) If the information requested is to be made available for inspection by the applicant on the body’s premises, in the case of partial access the applicant shall be allowed to inspect a copy of the document which has been prepared in accordance with first paragraph of this article.

VII. TRANSITIONAL AND FINAL PROVISIONS

Article 17

(Computerised database of regulations)

In the first paragraph of Article 2 of the Decree on computerised databases of regulations (Official Gazette RS, No 34/03), after the indent reading ‘Database of publications in the Official Gazette RS (ZOUL),’ the following new indent shall be added, ‘Database of unofficial consolidated texts of regulations (ZNPBP),’ and a new Article 7a, which shall read as follows:

‘Article 7a

(ZNPBP)

(1) The computerised ZNPBP shall contain the unofficial consolidated texts of regulations in accordance with the law regulating access to public information.

(2) The computerised database shall be administered by the Legislation Service of the Government of the Republic of Slovenia, which shall manage the database and coordinate and monitor the input of data into it.’

Article 18

(Central online database of regulations)

Within three months of this Decree entering into force, the Government Informatics Centre shall establish a central online database of unofficial consolidated texts of regulations (ZNPBP), which shall operate in accordance with the open systems principle and make it possible to link from the consolidated texts in the database to other computerised databases or websites.

Article 19

(Entry into force)

This Decree shall enter into force on the fifteenth day after its publication in the Official Gazette of the Republic of Slovenia.

No 655-03/2003-1

Ljubljana, 6 November 2003

EVA 2003-2811-0021

Government of the Republic of Slovenia

Anton Rop

Prime Minister

ANNEX 1

Sample catalogue of public information

1. Basic details of the catalogue

Title of body

- Full title of the body, or of bodies which, in accordance with Article 2(3) of the Decree on the provision of public information, can draw up a joint catalogue

Responsible officer

- (Academic title), full name, (professional title), position of responsible officer

Date of first publication of catalogue

- Date on which catalogue was adopted

Date of last change

- Date (last day of the month in which a change was last entered)

Web address at which catalogue can be accessed

- Web address

Other forms of catalogue

- Hard copy, CD, DVD or other media and details of its physical accessibility

2. General details about the body and the public information at its disposal

2a. Organisational chart and details of the body’s organisation

Brief description of the area in which the body works

- Description of the field of work as set out in the founding acts

List of all internal organisational units

- Title of organisational unit

- Address of unit

- Contact details for unit (for each unit separately)

- Note (link to the catalogue of bodies, if the internal organisational unit is an independent body)

Organisational chart of the body

Link to a separate document

2b. List of other bodies in the area of work (only for ministries)

List of all other bodies in the area of work

- Title of body

- Address of body

- Contact details for body (for each unit separately)

- Note (link to the catalogue of bodies)

2c. Contact details of officer(s) responsible for providing information

Responsible officer

- Full name, title, position, address, telephone number, email address

2d. List of laws, implementing acts and regulations of the European Communities concerning the area in which the body works (via the national, local or European register of regulations)

National regulations

- Link to national register of regulations

Local authority regulations

- Link to local register of regulations (only for local authority bodies)

EU regulations

- Link to European register of regulations

2e. List of proposed regulations (via national or local register of regulations)

Proposed regulations

- Link to national or local register of regulations

- Link to EU portal

2f. List of strategic and programming documents by subject area

List of strategic and programming documents

- Adopted strategic and programming documents by subject area – links to separate documents

- Proposed strategic and programming documents by subject area – links to separate documents

2g. List of types of administrative, judicial or legislative procedures

Types of procedures conducted by the body

- Types of procedure

- Details of the conditions relating to individual types of procedure in accordance with Article 10 of the Decree

2h. List of public records managed by the body

List of records

- Title of record

- Record based on (legal basis) and contains data on (substantive framework as defined in the legal basis)

- How the body obtains information to enter in the record (ex officio, on the basis of submissions)

- Description and conditions of access to records in accordance with Article 10 of the Decree

- Links to other public records

2i. List of other computerised databases

List of databases

- Name of computerised database

- Brief description of purpose of database

- Brief description of how data is obtained from database

- Description of access to database

2j. Most important subject areas for other public information or list of individual documents

Areas of information – following the description of the area in which the body works, broken down

- Other public information in accordance with Article 11 of the Decree

- Breakdown of other subject areas

- List of important documents (optional)

3. Description of method of access to other public information

Description of access to individual areas of information

- Description of access via the web stating the technical conditions and forms in which the public information exists

- Description of ‘physical’ access stating office hours, premises and method of viewing information

- Description of access for people with special needs in accordance with Article 13 of the Decree

- Description of partial access

- Link to the cost schedule

4. List of most frequently requested public information

List of the ten most frequently requested items or subjects of information (automatically generated list determined by demand for particular information)

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

Signature of responsible officer

NOTE:

Bodies having their head office in municipalities where the language of a national minority is used as an official language alongside Slovene in dealings with the body shall ensure that the entire catalogue is also available in the language of the national minority.