From the aspect of the Law on Free Access to Information of Public Importance ("Official Gazette of RS", Nos. 120/04, 54/07, 104/09 and 36/10), the duty to publish information booklets is applied to all public authorities having the status of a public authority within the meaning of Article 3, paragraph 1, item 1 of this Law (government authority, territorial autonomy authority, local self-government authority and organizations vested with public powers). The manner of preparation and publication of the information booklet on operations of a public authority is regulated in detail by the Instructions for Preparation and Publication of Information Booklets on Operations of Public Authorities ("Official Gazette of RS", No. 68/10), published by the Commissioner in accordance with his powers referred to in Article 40 of the Law.

Thus, whether the health facility "POZAREVAC PHARMACY" has a legal duty to prepare its information booklet in accordance with the Law on Free Access to Information of Public Importance depends exclusively on the fact whether that health facility is vested with public powers by the law regulating health care activity or by other law. To the Commissioner's knowledge, pharmacies are not vested with such public powers, but any possible dilemma in that regard should be clarified in consultation with the competent line ministry.

As regards publishing of the information booklet, it should be also taken into account that the Law on the Budget System ("Official Gazette of RS", Nos. 54/09, 73/10, 101/10,101/11 and 93/12), or more precisely the most recent amendments to that Law adopted in 2012, in Article 8 stipulates that all public funds beneficiaries are subject to the duty to publish information booklets. Since the Commissioner is not competent to give opinions on application of that Law, such opinion should be requested from the ministry responsible for finance as its processor.

Of course, from the aspect of exercise of the right to free access to information of public importance, it is necessary and useful that as many as possible information booklets of all public authorities are published on an proactive basis, regardless of the fact whether a formal legal duty to do so has been introduced by the Law on Free Access to Information. Indeed, the Commissioner has initiated amendments to this Law which would make more public authorities subject to the duty to publish information booklets.

From the Commissioner's reply No. 021-00-00012/2013-02 of 13 March 2013.