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)

With a view to reaching a first-reading agreement with the European Parliament on the

above-mentioned file, the Annex to this document contains a table comparing:

· the Commission's original proposal (doc. 11781/04);

· the amendments that the European Parliament's Committee on the Environment, Public Health and Food Safety adopted on 21 April 2005;

· the latest Presidency text after the Working Party on the Environment of 17 May (doc. 9112/05).

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Commission proposal EP amendments Council text

Provision Text Nº Text Provision Text

Rec. 1 Community policy on the environment must aim at a high level of protection taking into account the diversity of situations in the various regions of the Community. In preparing its policy on the environment, the Community is required to take account of available scientific and technical data, environmental conditions in the various regions of the Community, the economic and social development of the Community as a whole and the balanced development of its regions. Many information themes related to spatial features are required for a broad range of environmental policies. Moreover, the same information is often needed for the formulation and implementation of other Community policies, which must integrate environmental protection requirements, in accordance with Article 6 of the Treaty. In order to bring about such integration, it is necessary to establish a measure of coordination between the users and providers of the information on those themes so that information and knowledge from different sectors can be combined. - -

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Commission proposal EP amendments Council text

Provision Text Nº Text Provision Text

The Sixth Environment Action Programme adopted by Decision No 1600/2002/EC of the European Parliament and of the Council requires full consideration to be given to ensuring that the Community's environmental policy-making is undertaken in an integrated way, taking into account regional and local differences. That Programme further calls for emphasis on the development of European initiatives to raise the awareness of the public and of local authorities and to improve scientific knowledge of and data and information on the state and trends of the environment. It also requires the following priority actions to be pursued: ex-ante and ex-post evaluation of policy measures, development of bridges between environmental and other actors in the fields of information, training, research, education and policies, ensuring regular information inter alia to inform the wider public and reviewing and regularly monitoring information and reporting systems. It additionally requires monitoring and data collection to be addressed efficiently in future environmental legislation and the development to be stepped up of earth monitoring applications and tools to support Member States in setting up adequate data collection systems.

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Commission proposal EP amendments Council text

Provision Text Nº Text Provision Text A number of serious problems exist regarding the availability, quality, organisation and accessibility of spatial information needed in order to achieve the objectives set out in the Sixth Environment Action Programme.

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- - - 1 a (new) The INSPIRE infrastructure would assist policy making in relation to policies and activities that may have a direct or indirect impact on the environment. Spatial management would also benefit from the infrastructure.

Rec. 2 The problems regarding the availability, quality, organisation and accessibility of spatial information are common to a large number of policy and information themes and are experienced across the various levels of public authority. Solving these problems requires measures that address exchange, sharing, access and use of interoperable spatial data and spatial data services from across the various levels of public authority and from across different sectors. An infrastructure for spatial information in the Community should therefore be established. - -

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Rec. 3 The Infrastructure for Spatial Information in the European Community, also referred to as INSPIRE, should be based on the infrastructures for spatial information that are created by the Member States and that are made compatible with common rules and are supplemented with measures at Community level. These measures should ensure that the infrastructures for spatial information created by the Member States are compatible and are useable in a transboundary context. - -

Rec. 4 The infrastructures for spatial information in the Member States should be designed to ensure that spatial data are stored, made available and maintained at the most appropriate level; that it is possible to combine spatial data from different sources across the Community in a consistent way and share them between several users and applications; that it is possible for spatial data collected at one level of public authority to be shared between all the different levels of public authorities; that spatial data are made available under conditions that do not restrict their extensive use; that it is easy to discover available spatial data, to evaluate their fitness for purpose and to know the conditions applicable to their use. - -

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Rec. 5 There is a degree of overlap between the spatial information covered by this Directive and the information covered by Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information. However, the technical and economic aspects of spatial information hamper its use in support of environmental policies and of the integration of environmental considerations into other policies. Consequently, it is necessary to make specific provisions for spatial information in terms of obligations, exceptions and safeguards. This Directive is without prejudice to Directive 2003/4/EC except with respect to certain provisions that address the grounds for limiting access to the spatial data covered by this Directive, avoiding the possibility of unduly limitations of access to the spatial data covered by this Directive. - - Rec. 6 This Directive should be without prejudice to Directive 2003/98/EC of the European Parliament and of the Council of 17 November 2003 on the re-use of public sector information, the objectives of which are complementary to those of this Directive. However, the Commission should take further measures to address issues relevant for the re-use of the specific category of public sector information covered by this - -

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Directive.

Rec. 7 The establishment of an Infrastructure for Spatial Information in the European Community will represent significant added value for - and will also benefit from - other Community initiatives such as Council Regulation (EC) No 876/2002 of 21 May 2002 setting up the Galileo Joint Undertaking and Global Monitoring for Environment and Security (GMES): Establishing a GMES capacity by 2008. In order to exploit the synergies between these initiatives, Member States should consider using the data and services resulting from Galileo and GMES as they become available, in particular those related to the time and space references from Galileo. - -

Rec. 8 Many initiatives are taken at national and Community level to collect, harmonise or organise the dissemination or use of spatial information. Such initiatives may be established by Community legislation (for example by Commission Decision 2000/479/EC of 17 July 2000 on the implementation of a European pollutant emission register (EPER) according to Article 15 of Council Directive 96/61/EC concerning integrated pollution prevention and control (IPPC), Regulation (EC) No 2152/2003 of the European Parliament and of the Council of 17 November 2003 concerning monitoring of forests and environmental interactions in the Community (Forest focus), in the framework - -

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of Community funded programmes (for example CORINE land cover, European Transport Policy Information System) or may emanate from initiatives taken at national or regional level. Not only will this Directive complement such initiatives by providing a framework that will enable them to become interoperable, it will also build upon existing experience and initiatives rather than duplicate the work that has already been done.

Rec. 9 This Directive should apply to spatial data held by or on behalf of public authorities and to the use of spatial data by public authorities in the performance of their public tasks. Subject to certain conditions, however, it should also apply to spatial data held by natural or legal persons other than public authorities, provided that these natural or legal persons request this. - - - - - - 9a (new) In order to avoid duplication and confusion, in cases where multiple identical copies of the same spatial data set are held by or on behalf of various public authorities, this Directive only applies to the reference version from which the various copies are derived.

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Rec. 10 This Directive should not set requirements for the collection of new data on the state of the environment, or for reporting such information to the Commission, since those matters are regulated by other legislation related to the environment. - -

Rec. 11 The implementation of the national infrastructures should be progressive and, accordingly, the spatial data themes covered by this Directive should be accorded different levels of priority. The implementation should take account of the extent to which spatial data is needed for a wide range of applications in various policy areas, of the priority of actions provided for under Community policies that need harmonised spatial data and of the progress already made by the harmonisation efforts undertaken in the Member States. - - Rec. 12 The loss of time and resources in searching for existing spatial data or in discovering if they may be used for a particular purpose is a key obstacle to the full exploitation of the data available. Member States should therefore provide descriptions of available spatial data sets and services in the form of metadata. - -

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Rec. 13 Since the wide diversity of formats and structures in which spatial data are organised and accessed in the Community hampers the efficient formulation, implementation, monitoring and evaluation of Community legislation that directly or indirectly affect the environment, implementing measures should be provided for in order to facilitate the use of spatial data from different sources across the Member States. Those measures should be designed to make the spatial data sets interoperable and Member States should ensure that any data or information needed for the purposes of achieving interoperability is not restricted in any way. - -

Rec. 14 Network services are necessary for sharing spatial data between the various tiers of public authorities in the Community. Those network services should make it possible to discover, transform, view and download spatial data and to invoke spatial data and ecommerce services. The services of the network should work in accordance with commonly agreed specifications and minimum performance criteria in order to ensure the interoperability of the infrastructures established by the Member States. The network of services should also include upload services to enable public authorities to make their spatial data sets and services available. 1 Network services are necessary for sharing spatial data between the various tiers of public authorities in the Community. Those network services should make it possible to discover, transform, view and download spatial data and to invoke spatial data and ecommerce services. The services of the network should work in accordance with commonly agreed specifications and minimum performance criteria in order to ensure the interoperability of the infrastructures established by the Member States. The network of services should also network connection services to enable public authorities to make their spatial data

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sets and services available.

Rec. 15 Experience in the Member States has shown that it is important, for the successful implementation of an infrastructure for spatial information, that a minimum number of services be made available to the public free of charge. Member States should therefore make available, as a minimum and free of charge, the services for discovering and viewing spatial data sets. 2 Experience in the Member States has shown that it is important, for the successful implementation of an infrastructure for spatial information, that a minimum number of services be made available to the public free of charge. Member States and the European Union should therefore make available, as a minimum and free of charge, the services for discovering and viewing spatial data sets. Rec. 16 Certain spatial data sets and services relevant to Community policies that directly or indirectly affect the environment are held and operated by third parties. Member States should therefore offer third parties the possibility of contributing to the national infrastructures, provided that the cohesion and ease of use of the spatial data and spatial data services covered by those infrastructures is thereby not impaired. - - Rec. 17 In order to assist the integration of the national infrastructures into the infrastructure for spatial information in the Community, Member States should provide access to their infrastructures through a Community geo-portal operated by the Commission, as well as through any access points they themselves decide to operate. - -

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Rec. 18 In order to make available information from various levels of public authority, Member States should remove the barriers faced in that regard by public authorities at national, regional and local level when performing their public tasks that may have a direct or indirect impact on the environment. These barriers should be removed at the point where the information is to be used for the public task. Where public authorities carry out commercial activities as well as public tasks, Member States should take appropriate measures to prevent distortion of competition. - -

Rec. 18a (new) The mechanisms for sharing spatial data sets and services between government and other public administrations and natural or legal person performing public administrative functions under national law may involve laws, regulations, licensing or financial arrangements or administrative procedures, for instance to protect the financial viability of those public authorities that have a duty placed on them to raise revenue. Where this is the case and where Member States choose to continue to require revenue raising for such public authorities, Member States should bring about all necessary adaptations to these, or to other relevant practices, in order to ensure that they do not have the effect of creating obstacles of

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a transactional, procedural, legal, institutional or financial nature to the sharing of spatial data sets and services at the point of use.

Rec. 18b (new) The provisions of Articles 13(1)(e) and 17(1) should be implemented and applied in full compliance with the principles relating to the protection of personal data in accordance with Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and the free movement of such data.

Rec. 19 Frameworks for the sharing of spatial data between public authorities should be neutral in respect not only of the public authorities within a Member State, but also of the public authorities in other Member States and of the Community institutions. Since the Community institutions and bodies frequently need to integrate and assess spatial information from all the Member States, they should be able to gain access to and use spatial data and spatial data services in accordance with harmonised conditions. - -

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3 Rec. 19 a (new) Art. 17 (3) The preclusion of restrictions at the point of use does not prevent public authorities that supply spatial data sets and services from licensing them to, and requiring payment from, the public authorities or institutions and bodies of the Community that use these spatial data sets and services provided that these measures do not create obstacles as referred to in paragraph 2. The preclusion of restrictions of a financial nature at the point of use does not prevent public authorities that produce spatial data sets and services from receiving financial compensation from the public authorities that use these spatial data sets and services.

Rec. 20 With a view to stimulating the development of added-value services by third parties, for the benefit both of public authorities and the public, it is necessary to facilitate access to and re-use of spatial data that extend over administrative or national borders.

Rec. 21 The effective implementation of infrastructures for spatial information requires coordination by all those with an interest in the establishment of such infrastructures, whether as contributors or users. Appropriate coordination structures should therefore be established both in the Member States and at Community level. 4 The effective implementation of infrastructures for spatial information requires coordination by all those with an interest in the establishment of such infrastructures, whether as contributors or users. Appropriate coordination structures should therefore be established which extend to the various levels of government and take account of the distribution of powers and responsibilities within the Member States.

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Rec. 22 In order to benefit from the relevant experience of European Standardisation bodies, it is appropriate that the measures necessary for the implementation of this Directive could be supported by standards adopted by European standardisation bodies in accordance with the procedure laid down in Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations In order to benefit from the relevant experience of European and international Standardisation bodies,

it is appropriate that the measures necessary for the implementation of this Directive could be supported by standards adopted by European standardisation bodies in accordance with the procedure laid down in Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and standards adopted by international standardisation bodies.

Rec. 23 Since the European Environment Agency set up by Council Regulation (EEC) No 1210/90 of 7 May 1990 on the establishment of the European Environment Agency and the European Environment Information and Observation Network has the task of providing the Community with objective, reliable and comparable environmental information at Community level, and aims inter alia to improve the flow of policyrelevant environmental information between Member States and the Community institutions; it should contribute actively to the implementation of this Directive. - -

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Rec. 24 This being a framework Directive, its implementation requires further decisions that take into account the evolving political, institutional and organisational context and the rapid technological progress in relation to spatial data systems and services. The measures necessary for the implementation of this Directive should therefore be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission. - - Rec. 25 Preparatory work for decisions concerning the implementation of this Directive and for the future evolution of the infrastructure for spatial information in the Community requires continuous monitoring of the implementation of the Directive and regular reporting. - -

Rec. 26 The objective of this Directive, namely the establishment of an infrastructure for spatial information in the Community, cannot be sufficiently achieved by the Member States because of the transnational aspects and because of the general need within the Community to co-ordinate the conditions of access to spatial information. It can therefore be better achieved at Community level, and the Community may adopt measures, in accordance with the principle of subsidiarity - -

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as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.

Art. 1(1) This Directive lays down general rules for 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 the environment. 6 This Directive lays down the components or keystones of strategic planning designed to establish an infrastructure for spatial information in the Community, for the purposes of sustainable development policy in regard to the Community and policies or activities which may have a direct or indirect impact on the environment and spatial management. Art. 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 an impact on the environment. Art. 1(2) The infrastructure for spatial information in the Community shall be based on infrastructures for spatial information established and operated by the Member States. 7 The infrastructure for spatial information in the Community shall be based on infrastructures for spatial information established and operated by the Member States and on any relevant infrastructure which already exists at Community level. Art. 1(2) The infrastructure for spatial information in the Community shall build upon infrastructures for spatial information established and operated by the Member States. [A statement in the Council's minutes could address this point.]

The component elements of those infrastructures shall 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.

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Art. 2(1) 1. This Directive shall cover identifiable collections of spatial data, hereinafter "spatial data sets", which fulfil the following conditions: 8 [Deleted.] - [Deleted, but similar text appears in Article 3(3) and (4) and Article 4(1), (3), (4) and (6).] (a) they are related to an area under the jurisdiction of a Member State or to its exclusive economic zone/search and rescue region, or equivalent;

(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;

(ii) a natural or legal person on behalf of a public authority;

(iii) a third party to whom upload services have been made available in accordance with Article 17(3);

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

2.

This Directive shall cover, in addition to the spatial data sets specified in paragraph 1, the operations which may be performed, by invoking a computer application, on the

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spatial data contained in those data sets or on the related metadata, hereinafter "spatial data services".

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.

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.

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Art. 3 1. This Directive is without prejudice to Directive 2003/4/EC, save where otherwise provided. - - Art. 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. 2. This Directive is without prejudice to Directive 2003/98/EC.

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- 9 For the purposes of this Directive, the following definitions shall apply: Art. 3 For the purposes of this Directive, the following definitions shall apply:

(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; (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 geographical area;

(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

(4) "spatial data services" means the operations which may be performed, by

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invoking a computer application, on the spatial data contained in spatial data sets or on the related metadata; spatial data contained in spatial data sets or on the related metadata; (5) "spatial object" means an abstract representation of a real-world phenomenon related to a specific location or geographical area;

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

(7) "public authority" means:

(9) "public authority" means:

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

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

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(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 the technological support provided on each occasion with the aim of improving it; and (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 public services, relating to the environment under the control of a body or person falling within (a) or (b).

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

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

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Art. 4 10 1. This Directive shall cover spatial data sets which fulfil the following conditions: Art. 4 1. This Directive shall cover spatial data sets which fulfil the following conditions:

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

(b) they are in electronic format;

(b) they are in electronic format; (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, (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;

(ii) a third party to whom network connection services have been made available in accordance with Article 17(3);

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

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

(e) they represent the reference version of the spatial data set.

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. 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.

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In the case of spatial data sets held by or on behalf of a public authority in accordance with Article 2(1)(c), where that authority operates at the lowest level of government within a Member State, this Directive shall apply only to spatial data sets the collection or dissemination of which is coordinated by another public authority or is required under national law. 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. 3. This Directive does not request collection of new spatial data.

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 another public authority or is required under national law. 4. 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.
5.

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 regulations requiring their collection or dissemination.
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.

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6.

The technical description of the data themes referred to in Annexes I, II and III may be adapted in accordance with the procedure referred to in Article 22(2) to take into account the evolving needs for spatial data in support of Community policies that affect the environment.

Art. 5 The following shall be regarded as a public authority for the purposes of this Directive: - [Amendments 9 and 10 provide for new Articles 4 and 5 corresponding to Articles 3 and 4 in the Council text.] - [Deleted, but similar text appears in Article 3(9).] (a) 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;

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

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Art. 6 For the purposes of this Directive, the following definitions shall apply: 11 [Deleted.] - [Deleted, but identical text appears in Article 3(2), (5), (6) and (10).] (1) "spatial data" means any data with a direct or indirect reference to a specific location or geographical area;

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

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

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

Art. 7 Member States shall establish and operate infrastructures for spatial information in accordance with this Directive. 12 [Deleted.] [Deleted.]

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Art. 8(1) Member States shall ensure that metadata are created for spatial data sets and services, and that those metadata are kept up to date. - - Art. 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. Art. 8(2) Metadata shall include information on the following: 13 Metadata shall include information on the following: Art. 5(2) Metadata shall include information on the following: (a) the conformity of spatial data sets with the implementing rules referred to in Article 11(1); (a) the conformity of spatial data sets with the implementing rules referred to in Article 11(1); (a) the conformity of spatial data sets with the implementing rules referred to in Article 7(1); (b) rights of use of spatial data sets and services; (b) rights of use of spatial data sets and services, and any costs pertaining to them; (b) conditions applying to access to, and use of, spatial data sets and services and, where applicable, corresponding fees; (c) the quality and validity of spatial data; (c) the quality and validity of spatial data; (c) the quality of spatial data, including whether they are validated;

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

(e) the spatial data sets to which public access is limited in accordance with Article 19 and the reasons for such limitation. (e) limitations on public access and the reasons for such limitations, in accordance with Article 13. (e) the spatial data sets to which public access is limited in accordance with Article 19 and the reasons for such limitation.

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Art. 8(3) Member States shall take the necessary measures to ensure that metadata are complete and of high quality. 14 Member States shall take the necessary measures to ensure that metadata are complete and of appropriate quality. Art. 5(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). Art. 9 Member States shall create the metadata referred to in Article 8 in accordance with the following timetable: 15 Member States shall create the metadata referred to in Article 8 in accordance with the following timetable: Art. 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 of this Directive] in the case of spatial data sets corresponding to one or more of the themes listed in Annexes I and II; (a) not later than 2 years after the date of adoption of implementing rules in accordance with Article 5(4) in the case of the spatial data sets corresponding to the themes listed in Annexes I and II; (a) no later than [3 years after the entry into force of this Directive] in the case of spatial data sets relating 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 spatial data sets corresponding to one or more of the themes listed in Annex III.

(b) no later than [6 years after the entry into force of the Directive] in the case of spatial data sets relating to the themes listed in Annex III. (b) not later than 5 years after the date of adoption of implementing rules in accordance with Article 5(4) in the case of the spatial data sets corresponding to the themes listed in Annex III.

Art. 10 The Commission shall, in accordance with the procedure referred to in Article 30(2), adopt rules for the implementation of Article 8. - - Art. 5(4) Rules for the implementation of this Article shall be adopted in accordance with the procedure referred to in Article 22(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.

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Art. 11(1) The Commission shall, in accordance with the procedure referred to in Article 30(2), adopt implementing rules laying down the following: 16 The Commission shall, in accordance with the procedure referred to in Article 30(2), adopt implementing rules laying down the following: Art. 7 1. Implementing rules laying down technical arrangements for the, interoperability and, where practicable, harmonisation of spatial data sets and services referred to in paragraph 2 shall be adopted in accordance with the procedure referred to in Article 22(2). Relevant user requirements, existing initiatives and, in particular international standards to harmonise spatial data sets shall be taken into account in the development of the implementing rules. (a) harmonised spatial data specifications; (a) specifications for the harmonisation of spatial data ;

(b) arrangements for the exchange of spatial data.

established under international law have adopted relevant standards to harmonise spatial data sets related to themes 13, 14 and 15 of Annex III, these standards shall be as fully as possible integrated or referred to in the implementing rules referred to in this paragraph.

2.

Before elaborating such rules, the Commission shall provide an analysis of the feasibility and expected costs and benefits. Member States shall, on request, provide the Commission with information necessary to enable it to prepare the analysis. Before proposing such rules, the Commission shall consult Member States within committee referred to in Article 22(1) on the results of its analysis. The adoption of such rules shall not result in excessive costs to a Member State.

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Art. 11(2) Persons with an interest in the spatial data concerned by virtue of their role in the spatial information infrastructure that includes user, producer, added value service provider or coordinating body shall be given the opportunity to participate in the preparation of the implementing rules provided for in paragraph 1. 17 Representatives of the Member States at national, regional and local level may, by virtue of their importance as producers, holders and providers of spatial data, as well as natural and legal persons with an interest in the spatial data concerned by virtue of their role in the spatial information infrastructure that includes user, producer, added value service provider or coordinating body shall be given the opportunity to participate in preparatory discussions on the content of the implementing rules provided for in paragraph 1, prior to consideration by the Committee referred to in Article 30. Art. 7(5) Representatives of the Member States at national, regional and local level as well as other 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 preparatory discussions on the content of the implementing rules, provided for in paragraph 1, prior to consideration by the Committee.

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Art. 12 1. The implementing rules provided for in Article 11(1)(a) shall be designed to ensure that it is possible for spatial data sets to be combined, or for services to interact, in such a way that the result is a coherent combination of spatial data sets or services that represents added value, without requiring specific efforts on the part of a human operator or a machine. 18 1. The implementing rules provided for in Article 11(1) shall be designed to ensure that it is possible for spatial data sets to be combined, or for services to interact, in such a way that the result is a coherent combination of spatial data sets or services that represents added value, without requiring specific efforts on the part of a human operator or a machine. - [Deleted, but covered by Article 7(1) and the definition of "interoperable" in Article 3(7).] 2. The implementing rules provided for in Article 11(1)(a) 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. Art. 7(4) Implementing rules referred to paragraph 1 shall cover the definition and classification of spatial objects relevant to spatial data sets related to the themes listed in Annex I, II or III and the way in which those spatial data are georeferenced 2. The implementing rules provided for in Article 11(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.

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Art. 13 1. In the case of spatial data sets corresponding to one or more of the themes listed in Annex I or II, the implementing rules provided for in Article 11(1)(a) shall meet the conditions laid down in paragraphs 2, 3 and 4. 19 1. In the case of spatial data sets corresponding to one or more of the themes listed in Annex I or II, the implementing rules provided for in Article 11(1) shall meet the conditions laid down in paragraphs 2, 3 and 4. Art. 8 1. In the case of spatial data sets corresponding to one or more of the themes listed in Annex I or II, the implementing rules provided for in Article 7(1) shall meet the conditions laid down in paragraphs 2, 3 and 4. 2. The implementing rules shall address the following aspects of spatial data: 2. The implementing rules shall address the following aspects of spatial data: 2. The implementing rules shall address the following aspects of spatial data:

(a) a common system of unique identifiers for spatial objects; (a) a common system of unique identifiers for spatial objects; (a) solutions to ensure unambiguous identification of spatial objects, to which identifiers under existing national systems can be mapped in order to ensure interoperability between them;

(b) the relationship between spatial objects; (b) the relationship between spatial objects; (b) the relationship between spatial objects;

(c) the key attributes and the corresponding multilingual thesauri commonly required for a wide range of thematic policies;

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

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

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

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

(e) updates of the data.

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

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to the same object represented at different scales. items of information which refer to the same object represented at different scales. 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 12(2) and in paragraph 2 of this Article. 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. 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 12(2) and in paragraph 2 of this Article.

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Art. 14 The implementing rules provided for in Article 11(1)(a) shall be adopted in accordance with the following timetable: 21 The implementing rules provided for in Article 11(1) shall be adopted in accordance with the following timetable: Art. 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 (a) no later than 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;

this Directive] in the case of spatial data sets corresponding to one or more of the themes listed in Annex I; (a) no later than [2 years after the entry into force of this Directive] in the case of spatial data sets relating to the themes listed in Annex I; (b) by [5 years after the entry into force of (b) no later than 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.

this Directive] in the case of spatial data sets corresponding to one of more of the themes listed in Annex II or III. (b) no later than [5 years after the entry into force of this Directive] in the case of spatial data sets relating to the themes listed in Annex II or III.

Art. 15 Member States shall ensure that spatial data sets collected or updated later than two years after the date of adoption of the corresponding specifications provided for in Article 11(1)(a) are brought into conformity with those specifications, either through the adaptation of the spatial data sets or through their transformation. 22 Member States shall ensure that spatial data sets collected or updated later than two years after the date of adoption of the corresponding specifications provided for in Article 11(1) are brought into conformity with those specifications, either through the adaptation of the spatial data sets or through their transformation. Art. 7(3) Member States shall ensure that all newly collected or updated spatial data sets and the corresponding spatial data services are brought into conformity with the implementing rules referred to in paragraph 1 within two years of their adoption, and that other spatial data sets and services are brought into conformity with the implementing rules within seven years of their adoption to the extent feasible.

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Art. 16 1. Member States shall ensure that any information or data needed for compliance with the implementing rules provided for in Article 11(1) are made available to public authorities or third parties in accordance with conditions that do not restrict their use for that purpose. 23 1. Member States shall ensure that any information or data needed for compliance with the implementing rules provided for in Article 11(1) are made available to public authorities or third parties in accordance with conditions that do not restrict their use for that purpose. Art. 10 1. Member States shall ensure that any information, including data, codes and technical classifications, needed for compliance with the implementing rules provided for in Article 7(1) [is] made available to public authorities or third parties in accordance with conditions that do not restrict [its] 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 Member States are coherent, Member States shall, where appropriate, decide by mutual consent on the depiction and position of such common features. 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. 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.

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Art. 17 1. Member States shall establish and operate upload services for making metadata and spatial data sets and services accessible through the services referred to in Article 18(1). 24 1. Member States shall establish and operate network connection services for making metadata and spatial data sets and services accessible through the services referred to in Article 18(1). Art. 12 Member States shall ensure that public authorities are given the technical possibility to link their spatial data sets and services to the network referred to in Article 11(1). This service shall 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. 2. The upload services referred to in paragraph 1 shall be made available to the public authorities. 2. The network connection services referred to in paragraph 1 shall be made available to the public authorities.

3.

The upload services referred to in paragraph 1 shall be made available to third parties upon their request, provided that their spatial data sets and services comply with implementing rules laying down obligations with regard, in particular, to metadata, network services and interoperability. 3. The network connection services referred to in paragraph 1 shall be made available to third parties upon their request, provided that their 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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Art. 18(1) 1st subpara 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: - - Art. 11(1) 1st subpara 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 spatial data services on the basis of the content of the corresponding metadata and to display the content of the metadata; (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; (b) view services making it possible, as a minimum, to display, navigate, zoom in/out, pan, or overlay viewable spatial data sets and to display legend information and any relevant content of metadata; (c) download services, enabling copies of complete spatial data sets, or of parts of such sets, to be downloaded; (c) download services, enabling copies of spatial data sets, or parts of such sets, to be downloaded and, where practicable, accessed directly; (d) transformation services, enabling spatial data sets to be transformed; (d) transformation services, enabling spatial data sets to be transformed with a view to achieving interoperability; (e) "invoke spatial data services" services, enabling data services to be invoked. (e) services allowing spatial data services to be invoked.

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Art. 18(1) 2nd subpara Those services shall be easy to use and accessible via the Internet or any other appropriate means of telecommunication available to the public. 25 Those services shall be easy to use, available to the public, Art. 11(1) 2nd subpara Those services shall take into account relevant user requirements and shall be easy to use, available to the public and accessible via the Internet or any other appropriate means of telecommunication and accessible

via the Internet or any other appropriate means of telecommunication.

Art. 18(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: - - Art. 11(2) For the purposes of the services referred to in paragraph 1(a), as a minimum the following combination of search criteria shall be implemented: (a) keywords; (a) keywords;

(b) classification of spatial data and services; (b) classification of spatial data and services; (c) spatial data quality and accuracy;

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

(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;

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

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Art. 18(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 11. - - Art. 11(3) The transformation services referred to in paragraph 1(d) 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.

Art. 19(1) By way of derogation from Article 4(2) of Directive 2003/4/EC and Article 18(1) of this Directive, Member States may limit public access to the services referred to in points (b) to (e) of Article 18(1), or to the ecommerce services referred to in Article 20(2), where such access would adversely affect any of the following: - - Art. 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 spatial data sets and services through the services referred to in points (b) to (e) 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: (a) the confidentiality of the proceedings of public authorities, where such confidentiality is provided for by law; (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; (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; (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

(d) the confidentiality of commercial or industrial information where such confidentiality is provided for by national

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

(e) intellectual property rights;

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

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

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Art. 19(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. - - Art. 13 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), (f), (g) and (h), limit access to information on emissions into the environment. However, when paragraph 1(d) or (f) is the grounds for limiting access, the preceding subparagraph shall apply only when the access referred to in paragraph 1 concerns environmental information as defined in Article 2(1) of Directive 2003/4/EC.

3.

Where spatial data sets can be used in a wider transboundary dimension context, the public interests served by their disclosure shall be deemed to override the interests served by limiting or conditioning the access to individual spatial data sets on the grounds referred to in paragraph 1(e).

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Art. 20(1) Member States shall ensure that the services referred to in Article 18(1)(a) and (b) are available to the public free of charge. 26 Member States shall ensure that the services referred to in Article 18(1)(a) and (b) are available to the public free of charge. In order to protect intellectual property rights held by public authorities in respect of spatial data, the Art. 14(1) Member States shall ensure that the services referred to in Article 11(1)(a) and (b) are available to the public free of charge. Data made available through the view services mentioned in Article 11(1)(b) may be in a form preventing their re-use for commercial purposes, and a click-licence may be included to restrict the use that can be made of the data.

data made available

through the view services mentioned in Article 18 (1)(b) may be in a form preventing their re-use for commercial purposes, and a click-licence may be included to restrict the use that can be made of the data.

Art. 20(2) Where public authorities levy charges for the services referred to in Article 18(1)(c) or (e), Member States shall ensure that e-commerce services are available. - - Art. 14(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. Such services may be covered by disclaimers, click licenses or licenses. Art. 21 1. The Commission shall establish and operate a Community geo-portal. - - Art. 15 1. The Commission shall establish and operate a INSPIRE geo-portal at Community level. 2. Member States shall provide access to the services referred to in Article 18(1) through the Community geo-portal.

2.

Member States shall provide access to the services referred to in Article 11(1) through the INSPIRE geo-portal referred to in paragraph 1. Member States may also provide access to those services through their own access points.

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

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Art. 22 The Commission shall, in accordance with the procedure referred to in Article 30(2), adopt rules for the implementation of this Chapter, and shall in particular lay down the following: 27 The Commission shall, in accordance with the procedure referred to in Article 30(2), adopt rules for the implementation of this Chapter, and shall in particular lay down the following: Art. 16 Rules for the implementation of this Chapter shall be adopted in accordance with the procedure referred to in Article 22(2), and shall in particular lay down the following: (a) technical specifications for the services referred to in Articles 17(1), 18(1) and 20(2) and, taking into account technological progress, minimum performance criteria for those services; (a) technical specifications for the services referred to in Articles 11 and 12 and minimum performance criteria for those services, taking account of existing reporting requirements and recommendations adopted within the framework of environmental Community legislation, existing e-commerce services and technological progress; (a) technical specifications for the services referred to in Articles 17(1), 18 and 20(2) and, taking into account technological progress, minimum performance criteria for those services;

(b) the obligations referred to in Article 17(3). (b) the obligations referred to in Article 12. (b) the obligations referred to in Article 17(3).

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Art. 23(1) 1st subpara 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 - - Art. 17(1) Member States shall adopt measures for the sharing of spatial data sets and services between its public authorities referred to in Article 3(9)(a) and (b). Those measures shall enable those public authorities 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 an impact on the environment. impact on the

environment.

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Art. 23(1) 2nd subpara 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. 28 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. Member States shall ensure that the implementation of these measures does not adversely affect the availability of spatial data sets and services. Art. 17 2. The measures provided for in paragraph 1 shall preclude any restrictions likely to create, at the point of use, obstacles to the sharing of spatial data sets and services. 3. The preclusion of restrictions at the point of use does not prevent public authorities that supply spatial data sets and services from licensing them to, and requiring payment from, the public authorities or institutions and bodies of the Community that use these spatial data sets and services provided that these measures do not create obstacles as referred to in paragraph 2.

4.

The arrangements for the sharing of

Art 23(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. 29 The same arrangements for sharing of 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. Art. 17 spatial data sets and services provided for in paragraph 1, 2 nad 3 shall be open to public authorities referred to in Article 3(9)(a) and (b) of other Member States and to the institutions and bodies of the Community, for the purposes of public tasks that may have an impact on the environment. 5. The arrangements for the sharing of spatial data sets and services provided for in paragraph 1, 2 and 3 shall be open, on a reciprocal and equivalent basis, to bodies established by international agreements, to which the Community and Member States are party, for the performance of

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tasks that may have an impact on the environment.

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Art. 23(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. 30 Member States shall take appropriate measures to prevent distortion of competition. - [Deleted.] - - - - Art. 17(6) By way of derogation from this Article, Member States may limit sharing when this would compromise the course of justice, public security, national defence or international relations.

Art. 23(4) The institutions and bodies of the Community shall have access to spatial data sets and services additional to that provided for in paragraph 1. The Commission shall, in accordance with the procedure referred to in Article 30(2), adopt implementing rules governing such access and the related rights of use. 31 The institutions and bodies of the Community shall have harmonised conditions for access to spatial data sets and services. The Commission shall, in accordance with the procedure referred to in Article 30(2), adopt implementing rules governing such access and the related rights of use. Art. 17(7) The institutions and bodies of the Community shall have harmonised conditions for access to spatial data sets and services. Implementing rules governing those conditions shall be adopted in accordance with the procedure referred to in Article 22(2).

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-

- - - Art. 17(8) This Article does not affect the existence

or ownership of public sector authorities' intellectual property rights. Member States shall ensure that these rights are exercised in such a way as to enable sharing of spatial data sets and services in accordance with provisions of this Article.

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Art. 24 The Commission shall, in accordance with the procedure referred to in Article 30(2), adopt implementing rules to increase the potential of re-use of spatial data sets and services by third parties. These implementing rules may include the establishment of common licensing conditions. 32 The Commission shall, in accordance with the procedure referred to in Article 30(2), adopt implementing rules to increase the potential of re-use of spatial data sets and services by third parties. These implementing rules may include the establishment of common licensing conditions. - [Deleted.] The establishment of common licences shall not unnecessarily restrict possibilities for re-use of data and use of services and shall not be used to restrain competition.

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Art. 25 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, addedvalue service providers and coordinating bodies. 33 Member States shall ensure that appropriate structures and mechanisms for coordinating the contributions of all those with an interest in their infrastructures for spatial information, across the different levels of government, are designated. All those with an interest in their infrastructures for spatial information shall include users, producers, addedvalue service providers and coordinating bodies. Art. 18 Member States shall ensure that appropriate structures and mechanisms for coordinating the contributions of all those with an interest in their infrastructures for spatial information are designated. These structures shall coordinate the contributions of, inter alia, users, producers, added-value service providers and coordinating bodies concerning the identification of relevant data sets, user needs, the provision of information on existing practices and the provision of feedback on the implementation of this Directive.

Those contributions shall include identification of user needs, provision of information on existing practices and provision of feedback on the implementation of this Directive.

Art. 26(1) The Commission shall be responsible for coordinating the infrastructure for spatial information in the Community at Community level and shall be assisted for that purpose by the European Environmental Agency. - - Art. 19(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.

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Art. 26(2) Each Member State shall designate the public authority to be responsible for contacts with the Commission in relation to this Directive. 34 Each Member State shall identify the coordination structure to be responsible for contacts with the Commission in relation to this Directive, taking account of the distribution of powers and responsibilities within the Member States. Art. 19(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.

Art. 27 The standards adopted by European standardisation bodies in accordance with the procedure laid down in Directive 98/34/EC may support the implementation of this Directive. 35 The standards adopted by European standardisation bodies in accordance with the procedure laid down in Directive 98/34/EC and by international standardisation bodies may support the implementation of this Directive. Art. 20 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.

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Art. 28 1. Member States shall monitor the implementation and use of their infrastructures for spatial information. Art. 21(1) Member States shall monitor the implementation and use of their spatial data infrastructures. They shall make the results of this monitoring accessible to the Commission [and to the public] on a permanent basis.

Art. 21(4) Detailed rules for the implementation of this Article shall be adopted in accordance with the procedure referred to in Article 22(2).

2.

The monitoring provided for in paragraph 1 shall be carried out in accordance with implementing rules adopted by the Commission in accordance with the procedure referred to in Article 30(2). 36
3.

The information resulting from the monitoring provided for in paragraph 1 shall be made accessible to the Commission on a permanent basis. The information resulting from the monitoring provided for in paragraph 1 shall be made accessible to the public and the Commission on a permanent basis.

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Art. 29(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: 37 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: Art. 21(2) No later than three years after the entry into force of this Directive, Member States shall send to the Commission a report including summary descriptions of:

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

(c) a summary of the availability and quality of spatial data sets and the availability and performance of spatial data services; (c) a summary of the availability and quality of spatial data sets and the availability and performance of spatial data services; (c) information on the use of the infrastructure for spatial information;

(d) a summary of information on the use of the infrastructure for spatial information; (d) a summary of information on the use of the infrastructure for spatial information; (d) data-sharing agreements between public authorities;

(e) a description of the agreements between public authorities on harmonising and sharing information; (e) the costs and benefits of implementing this Directive. (e) a description of the sharing agreements between public authorities;

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

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Art. 29(2) The report referred to in paragraph 1 shall be sent to the Commission every three years, starting in [three years after the entry into force of this Directive]. - - Art. 21(3) Every three years, and starting no later than six years after the entry into force of this Directive, Member States shall send to the Commission a report providing updated information in relation to the items referred to in paragraph 2. Art. 29(3) The Commission shall, in accordance with the procedure referred to in Article 30(2), adopt rules for the implementation of paragraph 1. - - - [Deleted, but covered by Article 21(4).] Art. 30 1. The Commission shall be assisted by a Committee. - - Art. 22 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. 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. 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. 3. The Committee shall adopt its rules of procedure.

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Art. 31 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. 38 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, based on the reports of the Member States referred to in Article 29. Art. 23 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 based, inter alia, on reports from Member States in accordance with Article 21(2) and (3). Where necessary, the report shall be accompanied by proposals for Community action.

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

Art. 32(1) Member States shall bring into force the laws, regulations and administrative provisions 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. - - Art. 24(1) Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 3 years after its date of entry into force.

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. 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.

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Art. 32(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. - - Art. 24(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. Art. 33 This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. - - Art. 25 This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. Art. 34 This Directive is addressed to the Member States. - - Art. 26 This Directive is addressed to the Member States. Annex I para 1 1. Coordinate reference systems - - Annex I para 1 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 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 Annex I para 2 2. Geographical grid systems - - Annex I para 2 2. Geographical grid systems Harmonised multi-resolution grid with a common point of origin and standardised location and size of grid cells. Harmonised multi-resolution grid with a common point of origin and standardised location and size of grid cells.

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3.

Geographical names

Annex I para 3 3. Geographical names - - Annex I para 3 Names of areas, regions, localities, cities, suburbs, towns or settlements, or any geographical or topographical feature of public or historical interest.

Names of areas, regions, localities, cities, suburbs, towns or settlements, or any geographical or topographical feature of public or historical interest.

4.

Administrative units

Annex I para 4 4. Administrative units 39 4. Administrative units Annex I para 4 Units of administration, dividing areas where Member States have and/or exercise jurisdictional rights, for local regional and national governance, separated by administrative boundaries.

National territory 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 the coastline. Units of administration dividing national territory for local, regional and national governance. The administrative units are separated by administrative boundaries. Also includes the boundaries of national territory and the coastline. Annex I para 5 5. Transport networks - - Annex I para 5 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. 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 future revisions of that decision.

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Annex I para 6 6. Hydrography - - Annex I para 6 6. Hydrography

Hydrographic elements, both natural and artificial including rivers, lakes, transitional waters, reservoirs, aquifers, channels or other water bodies, where appropriate in the form of networks and linked with other networks. Includes river basins and subbasins as defined in Directive 2000/60/EC. Hydrographic elements, including marine areas and all other water bodies and items related to them, including river basins and sub-basins. Where appropriate, according to the definitions in Directive 2000/60/EC and in the form of networks. Annex I para 7 7. Protected sites - - Annex I para 7 7. Protected sites

Area designated or regulated and managed to achieve specific conservation objectives. Area designated or managed within a framework of international, Community, national and Member States' legislation to achieve specific conservation objectives. Annex II para 1 1. Elevation - - Annex II para 1 1. Elevation

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

Annex II para 2 2. Identifiers of properties - - Annex II para 2 2. Addresses Geographic location of properties based on address identifiers, usually by road name, building number, postal code. Location of properties based on address identifiers, usually by road name, house number, postal code.

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Annex II para 3 3. Cadastral parcels - - Annex II para 3 3. Cadastral parcels Areas defined by cadastral borders, with specific legal status of ownership. Areas defined by cadastral registers or equivalent.

Annex II para 4 4. Land cover - - Annex II para 4 4. Land cover

Physical and biological cover of the earth's surface including artificial surfaces, agricultural areas, forests, (semi-)natural areas, wetlands, water bodies. Physical and biological cover of the earth's surface including artificial surfaces, agricultural areas, forests, (semi-)natural areas, wetlands, water bodies. Annex II para 5 5. Orthoimagery - - Annex II para 5 5. Orthoimagery Geo-referenced image data of the Earth's surface, from either satellite or airborne sensors. Geo-referenced image data of the Earth's surface, from either satellite or airborne sensors.

Annex II para 6 - 40 5a. Geology Annex II para 6 6. Geology

Geology characterised according to composition and structure, and the changes and restructuring it has undergone in its stratification. Includes bedrock and geomorphology. Geology characterised according to composition and structure. Includes bedrock and geomorphology.

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Commission proposal EP amendments Council text

Annex III para 1 1. Statistical units - - Annex III para 1 1. Statistical units Units for referencing census or other statistical information. Units for dissemination or use of statistical information.

Annex III para 2 2. Buildings - - Annex III para 2 2. Buildings Geographical location of buildings. Geographical location of buildings.

Annex III para 3 3. Soil 42 3. Soil Annex III para 3 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. Soils and subsoil characterised according to depth, texture, structure and content of particles and organic material, stoniness, erosion, where appropriate mean slope and anticipated water storage capacity. Soils and subsoil characterised according to depth, texture, structure and content of particles and organic material, stoniness, erosion, where appropriate mean slope and anticipated water storage capacity. Annex III para 4 4. Geology 41 [Deleted.] - [Deleted.] Geology characterised according to composition and structure. Includes bedrock and geomorphology.

Annex III para 5 5. Land use - - Annex III para 4 4. Land use

Territory characterised according to its current and future functional dimension or socio-economic purpose (e.g. residential, industrial, commercial, agricultural, forestry, recreational). Territory characterised according to its current and future planned functional dimension or socioeconomic purpose (e.g. residential, industrial, commercial, agricultural, forestry, recreational).

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Commission proposal EP amendments Council text

Annex III para 6 6. Human health and safety 43 6. Human health and safety Annex III para 5 5. 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, etc.) or indirectly (food, genetically modified organisms, stress, etc.) to the quality of the environment. Geographical distribution of morbidity and mortality linked directly (epidemics, spread of diseases, natural disasters, health effects due to environmental stress, air pollution, chemicals, depletion of the ozone layer, noise, etc.) or indirectly (food, genetically modified organisms under applicable Community legislation, stress, etc.) to the quality of the environment. Geographical distribution of road accidents. Geographical distribution of dominance of pathologies (allergies, cancers, respiratory diseases, etc.), information indicating the effect on health ( biomarkers, decline of fertility, epidemics) or wellbeing of humans (fatigue, stress, etc.) linked directly (air pollution, chemicals, depletion of the ozone layer, noise, etc.) or indirectly (food, genetically modified organisms, etc.) to the quality of the environment. Annex III para 7 7. Government service and environmental monitoring facilities 44 7. Utility and government services Annex III paras 6 & 7 6. Utilities and governmental services

Utility and government services comprise underground and above-ground utility networks and facilities such as drains, waste treatment, energy supply, telecommunications and water supply, and administrative and social government services such as authorities, schools and hospitals. Includes surface and where appropriate 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. Sites for governmental services, location of hospitals and medical treatment locations, schools, kindergartens, etc. Includes sewage, waste and energy facilities, production sites and environmental monitoring facilities operated by or for public authorities.

7a. Environmental monitoring facilities 7. Environmental monitoring facilities

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Commission proposal EP amendments Council text

The installation and operation of environmental monitoring facilities entail the observation and measurement of emissions, of the state of environmental media (marine environment, inland surface waters and underground waters, air and soil) and of other parameters of the ecosystem (biodiversity, ecological conditions for plant growth, etc.) by or on behalf of the authorities. 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. Annex III para 8 8. Production and industrial facilities - - Annex III para 8 8. Production and industrial facilities Industrial production sites. Includes water abstraction facilities, mining, storage sites. Industrial production sites, including installations covered by Directive 96/61/EC (IPPC) and water abstraction facilities, mining, storage sites.

Annex III para 9 9. Agricultural and aquaculture facilities - - Annex III para 9 9. Agricultural and aquaculture facilities Farming equipment and production facilities (including irrigation systems, greenhouses and stables). Farming equipment and production facilities (including irrigation systems, greenhouses and stables).

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Commission proposal EP amendments Council text

Annex III para 10 10. Population distribution demography 45 10. Population distribution demography Annex III para 10 10. Population distribution demography

Geographical distribution of people aggregated by grid, region, administrative unit or other analytical unit. Geographical distribution of people aggregated by grid, region, administrative unit or other analytical unit. This also includes population characteristics and activity levels. Geographical distribution of people aggregated by grid, region, administrative unit or other analytical unit. Annex III para 11 11. Area management/restriction/regulation zones & reporting units 46 11. Area management/restriction/regulation zones & reporting units Annex III para 11 11. Area management/restriction/regulation zones & reporting units

Areas managed, regulated or used for reporting at 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, OSPAR areas for the dumping of waste, noise restriction zones, prospecting and mining permit areas, river basin districts, OSPAR reporting units and coastal zone management areas. Areas managed, regulated or used for reporting at international, European, national, regional and local levels. Includes dumping sites, restricted areas around drinking water sources, nitratevulnerable 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, areas for management of the coast and reporting units relevant to the environment. Areas managed, regulated or used for reporting at international, European, national, regional and local levels. Includes dumping sites, restricted areas around drinking water sources, nitratevulnerable 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.

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Commission proposal EP amendments Council text

-

- 47 11a. Areas under anthropogenic stress - - Areas under anthropogenic stress including polluted areas and noise and radiation zones.

Annex III para 12 12. Natural risk zones 48 12. Natural risk zones Annex III para 12 12. 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. 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, snowslides, avalanches, forest fires, earthquakes, volcanic eruptions, landslides and subsidence. 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 and subsidence, avalanches, forest fires, earthquakes, volcanic eruptions. Annex III para 13 13. Atmospheric conditions - - Annex III para 13 13. Atmospheric conditions

Physical conditions in the atmosphere. Includes spatial data based on measurements, on models or on a combination thereof and includes measurement locations. Physical conditions in the atmosphere. Includes spatial data based on measurements, on models or on a combination thereof and includes measurement locations.

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Commission proposal EP amendments Council text

Annex III para 14 14. Meteorological geographical features - - Annex III para 14 14. Meteorological geographical features Weather conditions and their measurements; precipitation, temperature, evapotranspiration, wind speed and direction. Weather conditions and their measurements; precipitation, temperature, evapotranspiration, wind speed and direction.

Annex III para 15 15. Oceanographic geographical features - - Annex III para 15 15. Oceanographic geographical features Physical conditions of oceans (currents, salinity, wave heights, etc.). Physical conditions of oceans (currents, salinity, wave heights, etc.).

Annex III para 16 16. Sea regions - - Annex III para 16 16. Sea regions

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

Annex III para 17 17. Bio-geographical regions - - Annex III para 17 17. Bio-geographical regions Areas of relatively homogeneous ecological conditions with common characteristics. Areas of relatively homogeneous ecological conditions with common characteristics.

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Commission proposal EP amendments Council text

Annex III para 18 18. Habitats and biotopes - - Annex III para 18 18. 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. 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. Annex III para 19 19. Species distribution - - Annex III para 19 19. Species distribution

Geographical distribution of occurrence of animal and plant species aggregated by grid, region, administrative unit or other analytical unit. Geographical distribution of occurrence of animal and plant species aggregated by grid, region, administrative unit or other analytical unit. - - 49 19a. Renewable energy resources Annex III para 20 20. Energy resources Energy resources including hydrocarbons, hydropower, bio-energy, solar, wind etc., where relevant including depth/height information on the extent of the resource.

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publicatiedatum	20-05-2005
kenmerk	9112/05 ADD 1