Proposal for a Directive of the European Parliament and of the Council establishing an infrastructure for spatial information in the Community (INSPIRE)

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Subject : Proposal for a Directive of the European Parliament and of the Council establishing an infrastructure for spatial information in the Community (INSPIRE)

Further to the Working Party on the Environment meeting on 7 January, delegations will

find attached a revised version of the text of former Articles 1 to 18 of the above proposal.

Following suggestions made at the last meeting, the Articles of Chapters II and III and the

first two of Chapter IV have been restructured and renumbered so that Articles 1 to 18

have become Articles 1 to 12. Where substantial rewording and restructuring has taken

place existing footnotes have been dropped giving delegations the opportunity to review

their positions in the light of these changes.

This document will be discussed at the meeting of the WPE on Monday 24th January, as

usual, new text is shown underlined and deletions by [...].

____________________

ANNEX

Proposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

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establishing an infrastructure for spatial information in the Community (INSPIRE)

CHAPTER I

GENERAL PROVISIONS

Article 1

  • 1. 
    This Directive lays down general rules aimed at the establishment of an infrastructure for spatial information in the Community, for the purposes of Community environmental policies

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and policies or activities which may have a direct or indirect impact on the environment .

  • 2. 
    The infrastructure for spatial information in the Community shall build upon infrastructures

for spatial information established and operated by the Member States 3 .

Article 2

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1

All delegations: general scrutiny reservation. DK: parliamentary scrutiny reservation. 2

BE/SE suggest that mention should also be made that this infrastructure will have relevance to other policy areas and may have to be extended to include these in the future. SE, supported by DK/PL/PT/SK, suggests adding "The establishment of an infrastructure should also reflect the requirements of information of other sectors". CZ/EL/FR: against. 3

EL/FR/LV/SI suggest adding "and any relevant infrastructure which already exists at the Community level", CZ/DK/LT/PL/PT/SK: against this proposal. Cion: concerned that as this is a Directive addressed to Member States this could not be included. Pres will seek view of the CLS. 4

FR/PT/SE/FI/UK: delete the rest of this sentence. Cion/PL: against, see footnote 47. Pres: to seek view of CLS and Cion undertook to provide written analysis of the inter-relationship of this proposal and these two existing Directives, and pointed out that the end of this sentence is required as long as the explicit derogation from 2003/4 contained in Article 19 is maintained. AT suggests adding "under Article 19" at the end of paragraph (1).

Article 3

For the purposes of this Directive, the following definitions shall apply:

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(1) "infrastructure for spatial information" means an infrastructure whose component elements include metadata, spatial data sets and spatial data services; network services and

technologies; agreements on sharing, access and use; and coordination and monitoring

mechanisms, processes and procedures, established, operated or made available in accordance

with this Directive;

(2) "spatial data" means any data with a direct or indirect reference to a specific location or geographical area;

(3) "spatial data set" means an identifiable collection of spatial data;

(4) "spatial data services" means the operations which may be performed, by invoking a computer application, on the spatial data contained in spatial data sets or on the related

metadata;

(5) "spatial object" means an abstract representation of a real-world entity related to a specific location or geographical area;

(6) "metadata" means information describing spatial data sets and spatial data services and making it possible to discover, inventory and use them;

(7) "interoperability" means the possibility for spatial data sets to be combined, and for services to interact, without repetitive manual intervention, in such a way that the result is coherent

and represents added value.

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IT suggests "data transmission network", Cion: this is too limited: agreements on sharing, access and use are component elements of the infrastructure, but are not covered by the term "data transmission network".

(8) "geo portal" means an internet site, or equivalent, providing access to the services referred to in Article 11(1).

(9) "public authority" means:

(a) any government or other public administration, including public advisory bodies, at national, regional or local level;

(b) any natural or legal person performing public administrative functions under national law, including specific duties, activities or services in relation to the environment; and

(c) any natural or legal person having public responsibilities or functions, or providing 6

public services under the control of a body or person falling within (a) or (b).

Member States may provide that when bodies or institutions are acting in a judicial or

legislative capacity, they are not to be regarded as public authorities for the purposes of this

Directive.

(10) "third party" means any natural or legal person other than a public authority.

Article 4

  • 1. 
    This Directive shall cover spatial data sets which fulfil the following conditions:

(a) they are related to an area under the jurisdiction of a Member State or to its exclusive economic zone or equivalent;

(b) they are in electronic format;

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AT/UK suggest the words "relating to the environment" should be included as in the definition contained in Directive 2003/4/EC. Cion: not required if have it in (b).

(c) they are held by or on behalf of any of the following:

(i) a public authority, having been produced or received by a public authority, or being managed or updated by that authority;

(ii) a third party to whom the network has been made available in accordance with

Article 12;

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(d) they relate to one or more of the themes listed in Annexes I, II or III.

  • 2. 
    This Directive shall also cover the spatial data services relating to the data contained in the spatial data sets referred to in paragraph 1.
  • 3. 
    In the case of spatial data sets which comply with the condition set out in point (c) of paragraph 1, but in respect of which a third party holds intellectual property rights, the public

authority may take action under this Directive only with the consent of that third party.

  • 4. 
    By way of derogation from paragraph 1, this Directive shall cover spatial data sets held by or on behalf of a public authority operating at the lowest level of government within a Member

State only where the collection or dissemination of those spatial data sets is coordinated by

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another public authority or is required under national law.

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AT suggests inserting ""held by or on behalf of" means that a public authority or a third party has the right to authorise use of such spatial data sets". 8

DK/IT: scrutiny reservation on the reformulation of this paragraph, DK suggests: `This Directive is only applicable to spatial data sets which are owned by or on

behalf of a public authority, on the lowest administrative or municipal level in a Member State, if collection and dissemination of the data sets are required by law or the Member State has regulations concerning them.'.

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  • 5. 
    The spatial data themes referred to in Annexes I, II and III may be adapted by the Commission in accordance with the procedure referred to in Article 30(2) to take into account

the evolving needs for spatial data in support of Community policies that directly or indirectly

affect the environment.

CHAPTER II

METADATA

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Article 5

  • 1. 
    Member States shall ensure that metadata are created for the spatial data sets and services corresponding to the themes listed in Annexes I to III, and that those metadata are kept up to

date.

  • 2. 
    Metadata shall include information on the following:

(a) the conformity of spatial data sets with the implementing rules referred to in Article 7(2);

(b) rights of use of spatial data sets and services and, where applicable, corresponding fees;

(c) the quality and validity of spatial data;

(d) the public authorities responsible for the establishment, management, maintenance and distribution of spatial data sets and spatial data services;

(e) [...] limitations on public access and the reasons for such limitations, in accordance with Article 13.

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CZ/DK/DE/FR/IT/NL/AT/SK/FI/UK repeated their general concerns in relation to reliance of this proposal on the comitology procedure. 10

FR/AT/SE: concerned about coherence of the various timeframes and the relationship with the adoption of the implementing rules.

  • 3. 
    Member States shall take the necessary measures to ensure that metadata are complete and of a [...] quality sufficient to fulfil the purpose set out in Article 3(6).
  • 4. 
    The Commission shall, in accordance with the procedure referred to in Article 30(2) and within one year of the date of entry into force of this Directive, adopt rules for the

implementation of this Article. These rules shall take account of relevant, existing standards

and user requirements. [Partly former Article 10.]

Article 6

Member States shall create the metadata referred to in Article 8 in accordance with the following

timetable:

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(a) by [3 years after the entry into force of this Directive] in the case of the spatial data sets 12

corresponding to [...] the themes listed in Annexes I and II ;

(b) by [6 years after the entry into force of this Directive] in the case of the spatial data sets corresponding to [...] the themes listed in Annex III.

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FR/IT/LT/AT/PT/FI/UK suggest time should run from the date of adoption of the implementing rules and with LV/SE insist that the timeframe must be clear and realistic. DK: concern about relating the timing to the date of entry into force. These concerns should now be addressed by the change to Article 5(4). NL would like to ensure that the scope is clarified before deciding on timeframe. 12

DE suggests this subparagraph should relate to Annex I only and subparagraph (b) to Annexes II and III, SE: against.

CHAPTER III

INTEROPERABILITY OF SPATIAL DATA SETS AND SERVICES

Article 7

  • 1. 
    Member States shall, within two years of the adoption of the implementing rules and in accordance with those rules, referred to in paragraph 2, ensure the exchange of spatial data

sets, the interoperability of spatial data sets and services and, where practicable, the

harmonisation of spatial data sets and services. [New NL suggestion and covers part of the

intention of former Article 15.]

  • 2. 
    The Commission shall, in accordance with the procedure referred to in Article 30(2), adopt implementing rules laying down arrangements for the exchange, interoperability and

harmonisation of spatial data sets and services referred to in paragraph 1. Relevant user

requirements and existing initiatives to harmonise spatial data sets shall be taken into account

in the development of the implementing rules. [Some of former Article 11(1) plus suggestions

from a number of delegations.]

  • 3. 
    The implementing rules provided for in paragraph 2 shall cover the definition and classification of spatial objects relevant to the spatial data and the way in which those spatial

data are geo-referenced. [Former Article 12(2).]

  • 4. 
    Natural or legal persons with an interest in the spatial data concerned by virtue of their role in the spatial information infrastructure, including users, producers, added value service

providers or any coordinating body shall be given the opportunity, in accordance with

applicable procedures, to participate in the relevant Commission consultations [...] on the

content of the implementing rules, provided for in paragraph 2, prior to consideration by the

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Committee.

13

DE/IT/PT: delete this paragraph, public participation in Committee work is not the norm.

[Former Article 12

  • 1. 
    former para 1 deleted as the definition of interoperability now covers this. 2. former para 2 moved to Article 7(3), following NL suggestion.]

Article 8

  • 1. 
    In the case of spatial data sets corresponding to one or more of the themes listed in Annex I 14

or II , the implementing rules provided for in Article 7(2)[...] shall meet the conditions laid down in paragraphs 2, 3 and 4.

  • 2. 
    The implementing rules shall address the following aspects of spatial data:

(a) a common system of unique identifiers for spatial objects, to which identifiers under existing national systems can be mapped;

(b) the relationship between spatial objects;

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(c) the key attributes and the corresponding multilingual thesauri commonly required for policies which may have a direct or indirect impact on the environment;

(d) the way in which information on the temporal dimension of the data is to be exchanged;

(e) the way in which updates of the data are to be exchanged.

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ES/SK suggest that this should also cover the Annex III themes, FI also questioned why Annex III was not included, as such harmonisation is often needed at the national level. SE cannot support this proposal as it believes that it would lead to a higher level of harmonisation for Annex III data sets which would increase costs for implementation. 15

See Cion written explanation of how it sees the thesauri working in practice.

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  • 3. 
    The implementing rules shall be designed to ensure consistency as between items of information which refer to the same location or between items of information which refer to

the same object represented at different scales.

  • 4. 
    The implementing rules shall be designed to ensure that information derived from different spatial data sets is comparable as regards the aspects referred to in Article 7(3) and in

paragraph 2 of this Article.

Article 9

The implementing rules provided for in Article 7(2) shall be adopted in accordance with the

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following timetable :

(a) by [2 years after the entry into force of this Directive] in the case of the spatial data sets corresponding to the themes listed in Annex I;

(b) by [5 years after the entry into force of this Directive] in the case of the spatial data sets 18

corresponding to the themes listed in Annex II or III.

16

FI/SE suggest new sub-paragraph "(f) Quality levels to be achieved", SE also suggests a new paragraph 4a as follows:

"4a. The implementing rules should be elaborated in a way that enables a basic conformance quality level to be developed in accordance with paragraph 2. Member States shall ensure that spatial data sets correspond to this conformance quality level in, accordance to Article 15. The conformance level should be developed in a way that enables further development, based on specific requirements for different sectors."

17

EL/FR/PL suggest that one timeline, of five years, for all three Annexes would be preferable. Cion/SE: against extending Annex I to five years. 18

FI suggests that Annex II should be moved to paragraph (a), SE: against and Cion: concerned about the practicalities of this suggestion, given the time-constraints it would place on the adoption of the implementing rules.

[Former Article 15

Former Article 15 is now integrated into Article 7(1).]

Article 10

  • 1. 
    Member States shall ensure that any information or data needed for compliance with the implementing rules provided for in Article 7(2) are made available to public authorities or

third parties in accordance with conditions that do not restrict their use for that purpose.

  • 2. 
    In order to ensure that spatial data relating to a spatial feature the location of which spans the frontier between two or more Member States are coherent, Member States shall, where

appropriate, decide by mutual consent on the depiction and position of such common features.

CHAPTER IV

NETWORK SERVICES

[Former Article 17

Former Article 17 replaced by Article 12.]

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Article 11

  • 1. 
    Member States shall establish and operate a network of the following services for the spatial data sets and services for which metadata have been created in accordance with this Directive:

19

DK/AT/UK have concerns about charging and about the fact that Art. 18 does not take account of intellectual property rights, it should be closer to Directive 2003/98.

(a) discovery services making it possible to search for spatial data sets and spatial data services on the basis of the content of the corresponding metadata and to display the

content of the metadata;

(b) view services making it possible, as a minimum, to display, navigate, zoom in/out, pan, or overlay spatial data sets and to display legend information and any relevant content

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of metadata;

(c) download services, enabling copies of [...] complete spatial data sets, or of parts of such 21

sets, to be downloaded;

(d) transformation services, enabling spatial data sets to be transformed;

(e) services allowing spatial data services to be invoked.

Those services shall be based on relevant user requirements and shall be easy to use and

accessible via the Internet or any other appropriate means of telecommunication available to

the public.

  • 2. 
    For the purposes of the services referred to in point (a) of paragraph 1, as a minimum the 22

following combination of search criteria shall be implemented :

(a) keywords;

20

DK/FR/AT: concern about providing "active" view services free of charge, suggests deletion of "overlay". Cion: this is a commonly available service which is expected by users.

NL/FI suggest that another step offering "spatial data lending services" may have to be included in Art. 18, this would provide free access to spatial data sets for a limited period and for a limited test area, UK also supports this in principle, LT/SE: against. 21

AT suggests adding "or online-connection to external spatial database". 22

ES suggests that this is too ambitious and should be limited to paras 2(a) to (c), (e) and (g) and should perhaps be in an Annex or the implementing rules as they are technical criteria, Cion would prefer to keep it on face of Directive as this is a vital part of the process.

(b) classification of spatial data and services;

(c) spatial data quality and spatial accuracy;

(d) degree of conformity with the harmonised specifications provided for in Article 11;

(e) geographical location;

(f) conditions applying to the access to and use of spatial data sets and services;

(g) the public authorities responsible for the establishment, management, maintenance and distribution of spatial data sets and services.

  • 3. 
    The transformation services referred to in point (d) of paragraph 1 shall be combined with the other services referred to in that paragraph in such a way as to enable all those services to be

operated in conformity with the implementing rules provided for in Article 7.

Article 12

Member States shall ensure that public authorities are given the means to link their spatial data sets

and services to the network referred to in Article 11(1). This possibility will also be made available

upon request to third parties whose spatial data sets and services comply with implementing rules

laying down obligations with regard, in particular, to metadata, network services and

interoperability.

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