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 Environment Working Party meetings on 10 and 25 February, delegations will find

attached a revised version of the Articles and Annexes of this proposal, for discussion at the

meeting of the WPE on Monday 4 April.

This document provides further clarifications on the issues of intellectual property rights

(Article 13), data-sharing and re-use (Article 17) and a new proposal simplifying reporting

provisions (Article 23).

In its opinion of 10 February (CESCE 124/2005), the European Economic and Social Committee

approved and supported the draft proposal of the INSPIRE Directive.

____________________

ANNEX

Proposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

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

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

2.

The infrastructure for spatial information in the Community shall build upon infrastructures 3

for spatial information established and operated by the Member States .

All delegations except FR/NL: general scrutiny reservation. DK/MT: parliamentary scrutiny reservation. 2

FR/AT/PT: delete "or indirect"; Cion: against, important aspect of the scope. 3

BE/EL/FR/SI suggest adding "... and any relevant infrastructure which already exists at the Community level."; CZ/DK/LT/PL/PT/SK/SE and Cion: against this proposal, since it would entail obligations that cannot be included in the Directive.

Article 2

1.

This Directive is without prejudice to Directive 2003/4/EC, save where otherwise provided.

2.

This Directive is without prejudice to Directive 2003/98/EC.

Article 3

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

(1) "infrastructure for spatial information" means 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 6

geographical area.

BE/FR/PT/FI/SE/UK: delete the rest of this sentence. UK points out that amendment to recitals would also be required. Cion/LV/HU/PL: against. DE/AT suggest adding "under Article 13" at the end of paragraph (1). This is not legally necessary, the current wording is the legally correct formulation as long as the explicit derogation from Directive 2003/4/EC contained in Article 13 is maintained. BE supported by SE: add " This Directive is without prejudice to Directives 2003/4/EC, 2003/98/EC, 96/9 EC, 2001/29/EC and Regulation 322/97/EC.". 5

BE suggests new paragraph (3) "This Directive is without prejudice to Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonization of certain aspects of copyright and related rights in the information society, to Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases and to Regulation 322/97/EC of 17 February 1997 on community statistics.". 6

FI suggests "...reference to one or more of the themes listed in Annexes I, II or III a specific location or geographical data" Cion: against, as the reference to a specific location or geographical area is an essential part of the definition of spatial data. BE suggests inserting "with temporal attributes"; Cion: against, as there are data without temporal attributes as well.

(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 the added value of the data sets and services is enhanced.

(8) "geo portal" means an internet site at Community level, 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

LV, supported by DE/EE/AT, suggests some amendments: ""interoperability" means the possibility to combine spatial data sets and the ability of spatial data services to interact seamlessly, without repetitive manual intervention, in such a way that the result is coherent and represents added value.".

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 11

1.

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

(a) they are related to an area where a Member State has jurisdictional rights;

(b) they are in electronic format;

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

FR/NL suggest the words "relating to the environment" should be included as in the definition contained in Directive 2003/4/EC. Cion: redundant if have it in (b), and incoherent with (a). 9

IE: scrutiny reservation on this sub-paragraph. 10

LV: add definition "" transformation services" means specific spatial data services to change the geo-referencing and the classification principles of spatial objects to ensure interoperability and harmonisation of all spatial data sets of infrastructure.". 11

BE: delete this Article and Article 13, and replace by new Article 4 including all exemptions listed in Directive 2003/4/EC. Cion points out that this is inappropriate since it creates a confusion between public access provisions and the other provisions in the Directive (such as sharing between public authorities).

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

Article 12.

(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 if the Member State has laws or regulation concerning them.

13 14

5.

The spatial data themes referred to in Annexes I, II and III may be adapted [...] [...] in accordance with the procedure referred to in Article 24(2) to take into account the evolving

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

environment.

AT suggests inserting ""Held by or on behalf of" means that the public authority or a third party has the right to authorise use of such spatial data sets.". Cion: this would unduly restrict the scope of the Directive and is not necessary since paragraph 3 covers cases where the public authority does not have the right to authorise use because of intellectual property rights held by a third party. 13

All delegations have general concerns in relation to reliance of this proposal on the comitology procedure.

Cion: comitology procedure in this case is important to adjust emerging policy needs. Adaptation covers issues justified by emerging community policies. 14

FR suggests " technically adapted". 15

SE: add new paragraph "In the case of information referred to in Article 13(1)(d), this Directive shall only be applicable to information as provided for in Directive 2003/4/EC Article 2 .".

CHAPTER II

METADATA

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) conditions applying to access to and use of spatial data sets and services and, where 16

applicable, corresponding fees;

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

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

3.

Member States shall take the necessary measures to ensure that metadata are complete and of 18

a quality sufficient to fulfil the purpose set out in Article 3(6).

FR: concern about the effort required to document the applicable fees as they are frequently changed. 17

Cion: Metadata on validity means information on whether the spatial data has been validated. 18

FR: scrutiny reservation on this paragraph.

4.

The rules for the implementation of this Article shall be adopted in accordance with the procedure referred to in Article 24(2) and within one year of the date of entry into force of

this Directive. These rules shall take account of relevant, existing international standards and

user requirements.

Article 6

Member States shall create the metadata referred to in Article 5 in accordance with the following

timetable:

(a) by [3 years after the entry into force 20 of this Directive] in the case of the spatial data sets 21

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.

HU: scrutiny reservation on this Article. 20

BE/CZ/DK/FR/IT/LT/ NL/AT/PL/PT/FI/SE/UK suggest that both of these time limits should run from the date of adoption of the implementing rules. SE points out that the time periods would then need to be reduced to 2 and 5 years respectively given the one year time limit in Article 5(4).

Cion will make every effort to ensure that implementing rules are adopted within one year of entry into force, but insists on keeping fixed timescale for the obligation to produce metadata. 21

DE/EL/PL suggest this subparagraph should relate to Annex I only and subparagraph (b) to Annexes II and III; SE: against; Cion insists on keeping shorter timescale for Annex II since the creation of metadata is relatively uncomplicated. Interoperability is not a prerequisite to this. The implementing rules for interoperability are different to the rules for metadata. MS can produce metadata in absence of implementing rules.

CHAPTER III

INTEROPERABILITY OF SPATIAL DATA SETS AND SERVICES

Article 7

1.

The implementing rules laying down technical arrangements for the exchange, interoperability and if relevant harmonisation of spatial data sets and services referred to in

paragraph 2 shall be adopted in accordance with the procedure referred to in Article 24(2).

Relevant user requirements and existing initiatives and international standards to harmonise

spatial data sets shall be taken into account in the development of the implementing rules.

DE: data need to be interoperable not exchangeable;

paragraph 1: "... 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."; paragraph 2: "... ensure the exchange of spatial data sets, the interoperability of spatial data sets and services and, where practicable, the exchange of spatial data sets the harmonisation of spatial data sets and services.". Cion: exchange of data means to have the possibility to access them. Interoperability is not enough. 23

DE: scrutiny reservation on this paragraph.

BE, supported by FR/HU/UK, suggests replacing paras 1 to 4 with: " The Commission shall, in accordance with the procedure referred to in Article 24(2), adopt implementing rules: a) covering the definition and classification of spatial objects relevant to the spatial data and the way in which those spatial data are geo-referenced.(former Art. 7(3)) b) laying down arrangements for the exchange, interoperability and harmonisation of spatial data sets and services referred to in paragraph 1.(former Art. 7 (2)) Prior to the adoption of the implementation rules, a cost-benefit study will be done regarding the objectives aimed by the interoperability. The adoption of those rules can not lead to excessive cost for a Member State. Relevant user requirements and existing initiatives to harmonise spatial data sets shall be taken into account in the development of the implementing rules. (former Art.7 (2)).". AT suggests "Prior to the adoption of the implementation rules, a feasibility and cost-benefit will be considered.". Cion points out that consideration of costs and advantages is a general Treaty obligation for all environmental policy. No need to repeat it here.

2.

Member States shall, within two years of the adoption of the implementing rules and in accordance with those rules, referred to in paragraph 1, 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.

3.

The implementing rules provided for in paragraph 1 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.

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 1, prior to consideration by the

Committee.

Article 8

1.

In the case of spatial data sets corresponding to one or more of the themes listed in Annex I 27

or II , the implementing rules provided for in Article 7(1) shall meet the conditions laid down in paragraphs 2, 3 and 4.

DK/HU/AT/SE: scrutiny reservation on this paragraph. 25

PL: prefers "The implementing rules provided for in paragraph 2 for all spatial data referred to the themes listed in Annexes I, II or III.". 26

BE/DE/EL/FR/IT/PT: delete this paragraph as it is not necessary, since Cion always has the power to undertake prior consultation and it may set an unnecessary precedent of including it specifically on the face of a Directive. 27

ES/AT/SK/FI suggest that this should also cover the Annex III themes. FR/NL/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. Cion points out that Article 7(3) provides the general requirements for implementing rules in relation to all spatial data, including Annex III. The purpose of Article 8 is to set out more detailed requirements applying only to Annex I and II data.

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 28

existing national systems can be mapped;

(b) the relationship between spatial objects; 29

(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. 30

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.

FR proposes new sub-paragraph (a)" the set of sharable systems for the identification of spatial objects; "; Cion: concerned that this would not allow to achieve interoperability. 29

Cion explains that thesauri are electronic dictionaries of keywords for which agreed corresponding terms in all the EU languages are provided. The thesauri will be used to provide a coherent framework for metadata creation (e.g. standardised keywords) and to allow users to search using terms in their own language for information in different languages. Data providers in the Member States will map their own keywords to the thesauri developed in the context of the directive by establishing, where necessary, the correspondence between his keywords and those of the thesaurus. Agreement at expert level on the concepts to be covered by the thesauri will be sought prior to adoption of the implementing rules on the thesauri. Experts from the various Member States will be invited to propose corresponding terms in their language. The thesauri will be developed gradually, building upon existing systems when appropriate. 30

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

"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 7. The conformance level should be developed in a way that enables further development, based on specific requirements for different sectors.". CZ/DE/FR/HU/NL/AT: against; Cion points out that this may lead to new requirements on data collection, in contrast to the Commission's intentions.

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(1) shall be adopted in accordance with the

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 corresponding to the themes listed in Annex II or III.

Article 10

1.

Member States shall ensure that any information, including data, needed for compliance with the implementing rules provided for in Article 7(1) 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 geographical 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.

HU: scrutiny reservation on this Article. 32

BE/EL/FR/PL suggest that one timeline, of five years, for all three Annexes would be preferable; PL would withdraw if there is a clear definition of the thematic content of each Annex; Cion/SE: against extending Annex I to five years. 33

AT asked about the purpose of this Article.

Cion: this Article addresses data important for application of implementing rules by public authorities as well as by third parties. Implementing rules might themselves require or even include spatial data which is necessary for their application (e.g. point of origin of standard grid systems, agreed location of a geographical feature which spans the frontier between two or more Member States...). This kind of data should be available without restriction to all who want to make spatial data interoperable.

CHAPTER IV

NETWORK SERVICES

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:

(a) discovery services making it possible to search for spatial data sets and [...] 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

of metadata;

downloaded;

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

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

DK/LT/AT/SE/UK have concerns about charging and suggest that Art. 11 does not take account of intellectual property rights, it should be closer to Directive 2003/98. Cion points out that the Article does not in any way compromise the right of public authorities to assert intellectual property rights. It only requires that those rights are exercised in accordance with existing good practice by ensuring the provision of services as described. Directive 2003/98 is not relevant here since it concerns re-use for commercial purposes, not public access. 35

AT suggests adding "or accessed directly"; Cion points out that access is not always a substitute for downloading.

Those services shall take into account 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 following combination of search criteria shall be implemented:

(a) keywords ;

(b) classification of spatial data and services;

(d) degree of conformity with the implementing rules referred to in Article 7;

(e) geographical location;

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

AT, supported by NL, suggests: "2. For the purposes of the services referred to in point (a) of paragraph 1, as a minimum the following combination of search criteria shall be implemented: (a) keywords which are used to search; (i)

the metadata base for consistent information on spatial data quality and spatial data accuracy, the degree of conformity with the implementing rules provided for in Article 11(1) and other information contained in Article 8(2); or

(ii) the attributes of the spatial data base for consistent information about spatial

objects (such as, e.g., the name of a certain spatial object)

(b) classification of spatial data and services; (c) geographical location;".

Sub-paragraphs c, d, f and g can be deleted given that they are contained in sub-paragraph a (i) of the proposal above and in Article 5(2) respectively. Cion: concerned that imposing keywords as the means of searching for information on data quality and conformity with implementing rules is too prescriptive and would not work in practice.

(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 technical means to link their spatial

data sets and services to the network referred to in Article 11(1). This service 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.

Article 13

1.

By way of derogation from Article 4(2) of Directive 2003/4/EC and Article 11(1) of this Directive, Member States may limit public access to the services referred to in points (b) to

(e) 39 of Article 11(1), or to the e-commerce services referred to in Article 14(2), where such access would adversely affect any of the following:

All delegations raised concerns about the relationship between this Article and Directive 2003/4/EC, particularly in relation to Intellectual Property Rights (IPR). SE also has a particular concern in relation to statistical confidentiality. BE: delete Article 13 (see footnote 11).

Cion: IPR have not been included as a general ground for exemption for the reasons stated in footnote 33, namely that the Directive does not compromise the right of public authorities to assert IPR but rather provides clear, well-defined and justified restrictions to the way those rights are exercised. Including this as a general ground for exemption is therefore superfluous and risks weakening the provisions contained in Articles 12 and 14. NL proposes to include exemption for personal data along with wording taken from 2003/4 concerning Directive 95/46/EC on the protection of individuals with regard to the processing of personal data. Cion points out that personal data are not included in any of the data

themes covered by this Directive.

SE: delete "By way of derogation from Article 4(2) of Directive 2003/4/EC and Article 11(1) of this Directive...". 39

FR: include point (a) of Art. 11(1).

(a) the confidentiality of the proceedings of public authorities, where such confidentiality is provided for by law;

(b) international relations, public security or national defence;

(c) the course of justice, the ability of any person to receive a fair trial or the ability of a public authority to conduct an enquiry of a criminal or disciplinary nature;

(d) the confidentiality of commercial or industrial information where such confidentiality is provided for by national or Community law to protect a legitimate economic interest,

including the public interest in maintaining statistical confidentiality and tax secrecy;

(e) the confidentiality of personal data and/or files relating to a natural person where that person has not consented to the disclosure of the information to the public, where such

confidentiality is provided for by national or Community law;

(f) the protection of the environment to which such information relates, such as the location of rare species.

2.

The grounds for limiting access, as provided for in paragraph 1 , shall be interpreted in a restrictive way, taking into account for the particular case the public interest served by

providing this access. In every particular case, the public interest served by disclosure shall be

weighed against the interest served by the limiting or conditioning the access. Member States

may not, by virtue of paragraph 1(a), (d), (e) and (f), limit access to information on emissions

into the environment.

SE: add a new sub-paragraphs (g) "Intellectual property rights including the sui generic database rights;" and (h) "The interests or protection of any person who supplied the information requested on a voluntary basis without being under, or capable of being put under, a legal obligation to do so, unless that person has consented to the release of the information concerned.". 41

SE: add " provided for in paragraph 1 points a-c and e-h,".

Article 14

1.

Member States shall ensure that the services referred to in Article 11(1)(a) and (b) are 42

available to the public free of charge .

2.

Where public authorities levy charges for the services referred to in Article 11(1)(c) or (e), Member States shall ensure that e-commerce services are available.

Article 15

1.

The Commission shall establish and operate a geo-portal [...]. 43

2.

Member States shall provide access to the services referred to in Article 11(1) through the Community geo-portal.

Member States may also provide access to those services through their own access points.

DK/LV/HU/NL/AT/PT/SI/UK expressed concern about 11(1)(b), view services, being made available free of charge. UK suggests deleting reference to (b) and adding ", those in Article 11(1)(b) are available in public. This may include a charge and/or licence either to the person providing the service to the public, or, where the service provider chooses, to public itself.". Cion, supported by CZ/DE/SK/FI/SE, pointed out that providing view services free of charge is common practice, even for private commercial operators, and is therefore an essential component of any spatial data infrastructure. Moreover, the introduction of a click-licence would not be incompatible with the provisions of the Directive. 43

See definition of "geo-portal" in Article 3(8). 44

DE/FR suggest "network of services"; AT prefers "... links to the services".

Cion: against, as it must be clear that the geo-portal is more than links. The geo-portal provides direct access to the services themselves.

Article 16

The rules for the implementation of this Chapter shall be adopted in accordance with the procedure

referred to in Article 24(2), and shall in particular lay down the following:

(a) technical specifications for the services referred to in Articles 11, 12 and 14(2) and, taking into account technological progress, minimum performance criteria for those services;

(b) the obligations referred to in Article 12.

NL/FR questioned the need for specific references to Arts. 11 and 12;

Cion: technical specifications are needed to define the services precisely. Given that this is a dynamic area it is essential that these technical specifications can be updated as required so that this legislation does not become outdated. BE: add new paragraph (c) in line with "better regulation" making EC legislation more efficient.

"the reporting obligations considered as validly executed, providing information in the framework of this Directive."

FR questioned whether this is legally possible. Cion shares these concerns. While successful adoption and implementation of this Directive with an appropriate scope will make possible further streamlining of reporting mechanisms, such a general provision would represent a major change to most of the environmental acquis.

CHAPTER V

DATA-SHARING AND RE-USE

Article 17

1.

Member States shall adopt measures for the sharing of spatial data sets and services between public authorities. Those measures shall enable the public authorities of Member States, and

the institutions and bodies of the Community, to gain access to spatial data sets and services,

and to exchange and use those sets and services, for the purposes of public tasks that may

have a direct or indirect impact on the environment. Member States may limit the sharing of

spatial data sets and services between public authorities where this would compromise the

course of justice, public security or national defence.

The measures provided for in the first subparagraph shall preclude, at the point of use, any

restrictions, in particular of a transactional, procedural, legal, institutional or financial nature.

2.

The possibility of sharing spatial data, as provided for in paragraph 1, shall be open to bodies established by international agreement to which the Community or Member States are party,

for the performance of tasks that may have a direct or indirect impact on the environment.

DK/DE/EL/IT/HU/AT/PT/SI/FI/SE/UK seek further clarification of this Article.

UK, supported by BE/DK/DE/AT/SE, suggests deletion of the entire Article and replacing it with:

"EU institutions require access to high quality information for policy making and implementation. Member States therefore undertake to disseminate this information to Public bodies, EU institutions, and Third Parties through the existing legal framework including Directive 2003/4/EC, competition and intellectual property law with the aim of increased use and sharing of data.". Cion points out that the legal framework described does not ensure adequate sharing between public authorities and mostly addresses different issues. 47

BE/DE/ES/IT/NL/PL/PT: concern whether this fits with Art. 13, should include "without prejudice to Art. 13"; DK/FR/NL/SI/FI suggest deletion of the second subparagraph.

Cion: Articles 13 and 17 address two different issues, the first relates to access to data for the general public, whereas this Article relates to sharing between public authorities or bodies only.

3.

Member States shall take appropriate measures to prevent distortion of competition in cases where public authorities also carry out commercial activities unrelated to the performance of

their public tasks, and shall make those measures public.

4.

The institutions and bodies of the Community shall have harmonised conditions for access to spatial data sets and services. The implementing rules governing such access and the related

rights of use shall be adopted in accordance with the procedure referred to in Article 24(2).

Article 18

The implementing rules to increase the potential of re-use of spatial data sets and services by third

parties shall be adopted in accordance with the procedure referred to in Article 24(2). These

implementing rules may include the establishment of common licensing conditions.

UK: against providing harmonised access to Community bodies. Cion: underlined the importance of giving harmonised access to Community institutions and bodies since this is a prerequisite for improving the knowledge base of Community policy. 49

BE/DE/FR/IT/HU/NL/AT/PT/SK/SE/UK: question the need for this Article and suggest deleting, or creating the obligation on Member States to adopt implementing rules. DK: delete last sentence.

Cion: disparity in licensing rules constitutes a serious obstacle to the re-use of spatial data that extends over administrative or national borders. This provision will complement Directive 2003/98 by allowing the adoption of rules that will further facilitating re-use of such data. The establishment of common licensing conditions represents the ultimate goal; where this is not possible, less ambitious rules can be envisaged.

CHAPTER VI

COORDINATION AND COMPLEMENTARY MEASURES

Article 19

Member States shall designate appropriate structures and mechanisms for coordinating the

contributions of all those with an interest in their infrastructures for spatial information, such as

users, producers, added-value service providers and coordinating bodies.

Those contributions shall include identification of user needs, provision of information on existing

practices and provision of feedback on the implementation of this Directive.

Article 20

1.

The Commission shall be responsible for coordinating the infrastructure for spatial information, as referred to in this Directive, in the Community at Community level and shall

be assisted for that purpose by relevant organisations and, in particular, by, the European

Environmental Agency.

2.

Each Member State shall designate a contact point, usually a public authority, to be responsible for contacts with the Commission in relation to this Directive.

Article 21

The implementing rules referred to in this Directive shall take due account of standards adopted by

European standardisation bodies in accordance with the procedure laid down in Directive 98/34/EC,

as well as international standards. [...]

CHAPTER VII

FINAL PROVISIONS

Article 22

1.

Member States shall monitor the implementation and use of their infrastructures for spatial information.
2.

The monitoring provided for in paragraph 1 shall be carried out in accordance with implementing rules adopted [...] in accordance with the procedure referred to in Article 24(2).
3.

The information resulting from the monitoring provided for in paragraph 1 shall be made accessible to the Commission on a permanent basis, for example, via the internet or any other

appropriate means of telecommunication.

Article 23

1.

Member States shall report to the Commission on the implementation of this Directive and on the experience gained in applying it. The report shall include:

BE/DE/FR/IT/NL/AT/PT questioned the need for this Article and the comitology involved, in particular. FR raised concerns about the substantial costs of this monitoring, as well as the reporting required by the next Article; DE/ES/IT/NL/AT suggested putting these two Articles together add leave (a), (c), (d) of Art. 23 to reduce the administrative burden. Cion: monitoring and reporting are both required to ensure transparency as the Committee will not be able to adopt appropriate implementing rules without sufficient information about what is happening in MS. 51

BE/CZ/DE/EL/ES/FR/IT/LV/AT/PL/SI/FI: concern that reporting requirements are too onerous and will be costly. UK suggests to delete existing Article 23 and replace with: "EU institutions require access to high quality information for policy making and implementation. Member States therefore undertake to disseminate this information to Public bodies, EU Institutions and Third Parties through the existing legal framework including directive 2003/4/EC, competition and intellectual property law with the aim of increased use and sharing of data.".

(a) a description of how public sector providers and users of spatial data sets and services and intermediary bodies are coordinated, and of the relationship with the third parties

and of the organisation of quality assurance ;

(b) a description of the contribution made by public authorities or third parties to the functioning and coordination of the infrastructure for spatial information;

(d) a summary of available information on the use of the infrastructure for spatial information;

(e) a description of the data-sharing agreements between public authorities;

(f) a summary of the costs and benefits of implementing this Directive.

BE/FR/IT/LV: add "as far as this is possible"; Cion: against as in its view this will always be possible. 53

CZ/FR/PT suggest that this is an unnecessary burden; Cion: this is a vital part of the report to ensure proper implementation. 54

CZ/EE/AT/PL/PT/FI: need guidelines on how benefits should be reported, this could be included in the context of a 'reporting format'; ES/FR: delete part relating to benefits; ES suggests that as the benefits are long term they could not be fully established in a three year period; Cion: initially only a small number of benefits would have to be reported furthermore benefits assessment is a crucial element of good governance, allowing ex-post evaluation of legislation. LV proposes change of sub-paragraph (f) "basic information about costs and benefits of implementing this directive to ensure ability of the Commission to make common assessment for all infrastructure". 55

PL/PT/SE: add a new sub-paragraph (g) "a description of how user requirements are identified, evaluated and provided."; CZ/NL/AT: against as there are already excessive reporting requirements.

2.

The report referred to in paragraph 1 shall be sent to the Commission every three years, 56

starting in [three years after the entry into force of this Directive].

3.

The rules for an appropriate reporting format and means of transmission shall be adopted in accordance with the procedure referred to in Article 24(2).

Article 24

1.

The Commission shall be assisted by a Committee.
2.

Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.

3.

The Committee shall adopt its rules of procedure.

Article 25

The Commission shall present to the European Parliament and to the Council by [7 years after the date of entry into force] and every six years thereafter a report on the application of this Directive.

Where necessary, the report shall be accompanied by proposals for Community action.

BE/DK/EL/IT/LT/AT/SE/UK: need more time for first report; DK suggests five years; CZ/PT/SE suggested that a differentiated timetable could be appropriate.

Cion: the timing has been designed to fit in with the need to supply information to the Committee to facilitate adoption of the implementing rules and the Cion reporting timing as required by Article 25. 57

EE/FR/AT/PT/UK: this is too long when compared to the obligation on MS to report every three years; Cion pointed out that this time-limit gives the Cion one year to analyse the information provided by the MS in two reporting rounds; Cion also noted the need for stability, the Directive should not be revised every three years.

Article 26

1.

Member States shall bring into force the laws, regulations and administrative provisions 58

necessary to comply with this Directive by [2 years after the date of entry into force]. They shall forthwith communicate the Commission the text of those provisions and a correlation

table between those provisions and this Directive.

When Member States adopt these provisions, they shall contain a reference to this Directive

or be accompanied by such reference on the occasion of their official publication. Member

States shall determine how such reference is to be made.

2.

Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

Article 27

This Directive shall enter into force on the twentieth day following that of its publication in the

Official Journal of the European Union.

Article 28

This Directive is addressed to the Member States.

Done at Brussels,

For the European Parliament

For the Council

The President The President

_______________

BE/EL/AT/PL/PT/UK: should be longer; CZ/LT/NL/PT suggest 3 years. 59

ES: delete this sentence.

Annex I to the ANNEX

S PATIAL DATA THEMES REFERRED TO IN ARTICLES 6( A ), 8(1) AND 9( A )

1.

Coordinate reference systems

Systems for uniquely referencing spatial information in space as a set of coordinates (x,y,z)

and/or latitude and longitude and height, based on a geodetic horizontal and vertical datum

2.

Geographical grid systems

Harmonised multi-resolution grid with a common point of origin and standardised location

and size of grid cells.

3.

Geographical names

Names of areas, regions, localities, cities, suburbs, towns or settlements, or any

geographical or topographical feature of public or historical interest .

4.

Administrative units 63

National territory, including marine areas , divided into units of administration, for local, regional and national governance. The administrative units are separated by administrative

boundaries. Also includes the boundaries of national territory and administrative coastline.

NL/PT/FI: scrutiny reservation on Annexes;

Various delegations suggested moving specific themes from one Annex to another, or merging parts of two Annexes. Cion pointed out that the final division of the themes had been made after long and detailed consultations with the experts who will be responsible for implementing the requirements for each Annex in the specified timeframe. Given this detailed consultation and the fact that there was no clear majority in support of any one of the specific changes suggested, the Presidency does not intend to propose any changes to the allocation of themes to Annexes and so the relevant footnotes have been removed. EL/IT/MT: need reference to a scale.

Cion: the data will be in different scales. 61

FR, supported by DK/EE/PL: add "associated with the contents of this Annex.". Cion: it is not appropriate to limit this theme in this way. 62

NL proposes new wording of theme 4 "Administrative units

National territory, divided into units of administration, for local, regional and national governance separated by administrative boundaries. Including the areas where Member States have jurisdictional rights .". 63

FR: scrutiny reservation on all "marine areas" in Annexes.

5.

Transport networks

Road, rail, air and water transport networks and related infrastructure. Includes links

between different networks. Also includes the trans-European transport network as defined

in Decision 1692/96/EC and the future revisions of this decision.

6.

Hydrography Hydrographic elements, both natural and artificial, including marine areas, rivers, lakes,

transitional waters, reservoirs, aquifers, canals or other water bodies, where appropriate in

the form of networks and linked with other networks. Includes river basins and sub-basins

as defined in Directive 2000/60/EC.

7.

Protected sites 65

Area designated or regulated and managed, at international, Community, national, 66

regional or local level to achieve specific conservation objectives.

________________

Decision nº 1692/96/EC on Community guidelines for the development of trans-European transport network. 64

NL suggests new wording of theme 6 "Hydrography

Hydrographic elements, natural, heavily modified and artificial, including marine areas, river basins, sub-basins, rivers, lakes, transitional waters, aquifers, canals or other water bodies. Where appropriate according to the definitions in Directive 2000/60/EC and in the form of networks." . **

Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy, OJ L 327, 22.12.2000, p. 1. 65

FR/LT/NL/PT/SI suggest "... designated in international, Community or national legislation". 66

NL suggests insertion of "nature".

Annex II to the ANNEX

S PATIAL DATA THEMES REFERRED TO IN ARTICLES 6( A ), 8(1) AND 9( B )

1.

Elevation

Digital elevation models for land, ice and ocean surface. Includes terrestrial elevation,

bathymetry and shoreline.

2.

Addresses of properties

Location of properties based on address identifiers, usually by road name, house number,

postal code.

3.

Cadastral parcels Areas defined by cadastral registers or equivalent.
4.

Land cover

Physical and biological cover of the earth's surface including artificial surfaces, agricultural

areas, forests, (semi-)natural areas, wetlands, water bodies.

5.

Orthoimagery

Geo-referenced image data of the Earth's surface, from either satellite or airborne sensors.

____________________

Several delegations are concerned about the use of and exact wording of themes 2 and 3, in some Member States difficulties arise due to differences between cadastral parcels used for fiscal or technical purposes; BE: concern about data protection implications or giving detail of private addresses in 2 and in 3, the problem of lack of coherence between the cadastral parcel and the legal description of the property in the title deed; Cion on 2 and 3: since ownership of the properties is not covered, data protection is not compromised; the lack of coherence issue is not a problem since INSPIRE does not require MS to change the content of their data. DK, supported by FI/SE, suggests the title "Addresses" for 2 and "Properties" for 3, in FI problem that not all properties have addresses, particularly if no-one is living there; Cion: this is not a problem. If data based on address identifiers does not exist then it is not covered by the Directive. FR: add "European identifier" in theme 2; Cion will consider that.

Annex III to the ANNEX

S PATIAL D ATA T HEMES REFERRED TO IN ARTICLES 6( B ) AND 9( B )

1.

Statistical units 68

Units for referencing census or other statistical information.

2.

Buildings 69

Geographical location of buildings.

3.

Soil

Soils and subsoil characterised according to depth, texture, structure and content of particles

and organic material, stoniness, where appropriate mean slope and anticipated water storage

capacity. Includes environmental threats to soil such as erosion.

4.

Geology

Geology characterised according to composition and structure. Includes bedrock and

geomorphology.

5.

Land use

Territory characterised according to its current and future functional dimension or

socioeconomic purpose (e.g. residential, industrial, commercial, agricultural, forestry,

recreational).

FR suggests replacing this with "Units for diffusion of statistical information."; Cion: against and points out that Art. 13 avoids any risk of statistical confidentiality being compromised.

69 AT/PL: delete point 2; SK/FI: should be part of Annex II.2; Cion: geographical locations of buildings (based e.g. on co-ordinate system) is distinct from identification of properties based on addresses. 70

FR: many themes of Annexes are closely connected and would be difficult to have their different treatment as Annexes have different time schedules.

Geology (Annex 3, theme 4) and Hydrography (Annex 1, theme 6); Protected sites (Annex 1, theme 7), Soil (Annex 3, theme 3) and Land use (Annex 3, theme 5) etc..

Cion points out that relationships between themes does not necessarily require metadata to be created simultaneously or implementing rules to be delivered by the same target date. 71

FR: concerns about the amount of data connected with land use and spatial planning.

6.

Human health and safety

Geographical distribution of occurrence of diseases linked directly (epidemics, spread of

diseases, health effects due to environmental stress, air pollution, chemicals, depletion of the

ozone layer, noise [...]) or indirectly (food, genetically modified organisms, stress [...]) to the

quality of the environment.

7.

Utilities, governmental services, environmental monitoring facilities

Includes surface and subsurface utility networks and facilities such as sewage, waste management, energy supply, telecommunication and water supply, administrative and social

governmental services such as, public administrations, civil protection sites, schools and

hospitals. Location and operation of environmental monitoring facilities includes observation

and measurement of emissions, of the state of environmental media and of other ecosystem

parameters (biodiversity, ecological conditions of vegetation, etc.) by or on behalf of public

authorities.

8.

Classified sites for, in particular, industrial and agricultural production Industrial production sites, including installations covered by Directive 96/61/EC (IPPC) and water abstraction facilities, mining, storage sites. Farming equipment and production facilities

(including irrigation systems, greenhouses and stables).

9.

Population distribution demography

Geographical distribution of people aggregated by grid, region, administrative unit or other

analytical unit.

AT: scrutiny reservation on this theme. NL suggests new wording of theme 7 "Surface and subsurface utility networks and facilities such as for sewage management, waste management, energy supply, telecommunication and water supply. Governmental administrative and social services such as public administrations, schools, hospitals and environmental monitoring facilities.". 73

NL proposes new wording of theme 8 "Designated sites for industrial and agricultural production Sites for installations covered by Directive 96/61/EC, water abstraction facilities, mining and storage.".

10.

Area management/restriction/regulation zones & reporting units

Areas managed, regulated or used for reporting at international, European, national, regional

and local levels. Includes dumping sites, restricted areas around drinking water sources,

nitrate-vulnerable zones, regulated fairways at sea or large inland waters, areas for the

dumping of waste, noise restriction zones, prospecting and mining permit areas, river basin

districts, relevant reporting units and coastal zone management areas.

11.

Natural risk zones

Vulnerable areas characterised according to natural hazards (all atmospheric, hydrologic,

seismic, volcanic and wildfire phenomena that, because of their location, severity, and

frequency, have the potential to seriously affect society), e.g. floods, landslides, avalanches,

forest fires, earthquakes, volcanic eruptions.

12.

Atmospheric conditions

Physical conditions in the atmosphere. Includes spatial data based on measurements, on

models or on a combination thereof and includes measurement locations.

13.

Meteorological geographical features

Weather conditions and their measurements; precipitation, temperature, evapotranspiration,

wind speed and direction.

14.

Oceanographic geographical features Physical conditions of oceans (currents, salinity, wave heights, etc.).

BE/FR/PT/SE/UK: concern about how to include 12, 13 and 14 here as a lot of data is already collected at the EU and international levels on these subjects. It is therefore very important to ensure interoperability with existing systems, e.g. the world meteorological organisation; FR questioned whether this information could not be fed into an EU level harmonised system from the existing international organisations. SE sees a need to limit the scope here and in 17.

Cion insists on inclusion. As with all themes, rules on interoperability will build upon existing work. 75

NL prefers to merge themes 14 and 15 "Ocean and sea regions Physical conditions of oceans, seas and saline water bodies divided in regions and subregions with common characteristics (such as currents, salinity, wave heights).".

15.

Sea regions

Physical conditions of seas and saline water bodies divided into regions and sub-regions with

common characteristics.

16.

Bio-geographical regions

Areas of relatively homogeneous ecological conditions with common characteristics.

17.

Habitats and biotopes

Geographical areas characterised by specific ecological conditions and physically supporting

the organisms that live there. Includes terrestrial or aquatic areas distinguished by

geographical, abiotic and biotic features, whether entirely natural or semi-natural. Includes

small features of the rural landscape hedgerows, brooks, etc.

18.

Species distribution

Geographical distribution of occurrence of animal and plant species aggregated by grid,

region, administrative unit or other analytical unit.

NL proposes new wording of theme 17 "Habitats and biotopes Geographical areas characterised by specific ecological conditions, processes, structure, and (life support) functions that physically support the organisms that live there. Includes terrestrial and aquatic areas distinguished by geographical, abiotic and biotic features, whether entirely natural or semi-natural.".

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

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publicatiedatum	22-03-2005
kenmerk	7488/05