Inhoudsopgave van deze pagina:
Delen
Subject : Proposal for a Directive of the European Parliament and of the Council establishing an infrastructure for spatial information in the Community (INSPIRE)
The European Parliament adopted its second-reading opinion on the above-mentioned proposal in
June 2006.
The Annex to this note contains a table comparing the Council's common position (doc. 12064/2/05
REV 2) to the outcome of European Parliament's second reading (doc. 10372/06) and Presidency
suggestions for possible compromise text in preparation for conciliation.
This compromise package will be considered in the Working Party on the Environment on
8 September.
__________________
Am. Provision Council common position (CCP) European Parliament amendment Compromise text no.
1 recital 6 ... to the extent that this Directive imposes on such public authorities a duty to share spatial data; ... ... to the extent that this Directive imposes on such public authorities a duty to share spatial data; ... Acceptable as part of overall compromise package.
2 recital18 ... as a minimum and free of charge, the services for discovering spatial data sets. ... as a minimum and free of charge, the services for discovering and viewing spatial data sets. as a minimum and free of charge, the services for discovering and subject to certain specific exceptions viewing spatial data sets.
3 recital 20 ... These practical obstacles should ... These practical obstacles should be removed at the point where the information is to be used for the public task. Acceptable as part of overall compromise package. be removed at the point where the information is to be used for the public task.
4 recital 22 (22) The mechanisms for sharing ... ... should take into account the need to protect the financial viability of public authorities, in particular those who have a duty to raise revenue. In any event the costs should not exceed the cost of collection, production, reproduction and dissemination. ... should take into account the need to protect the financial viability of public authorities, in particular those who have a duty to raise revenue. 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, or for instance whose data are only partially subsidised by the Member State so that they have to recover the unsubsidised costs by charging the users, or for instance to guarantee the maintenance and update of those data.
12017/06 MS/pc ANNEX DG I
Am. Provision Council common position (CCP) European Parliament amendment Compromise text no.
5 recital 22a (new) (22a) The provisions of this Directive do not affect the existence or ownership of public sector authorities' intellectual property rights. Acceptable as part of overall compromise package. 6 recital 23 (23) The possibility for public deleted Acceptable as part of overall compromise package.
authorities who supply spatial data sets and services to license these sets and services to, and require payment from, other public authorities who use these spatial data sets and services could be provided for in the measures adopted by Member States in their transposition legislation.
7 recital 24 Article 13(1) and of Article 17(1) (18a) The provision of network services should be carried out in full compliance with ... Acceptable as part of overall compromise package. should be implemented and applied in full compliance with ...
12017/06 MS/pc ANNEX DG I
Am. Provision Council common position (CCP) European Parliament amendment Compromise text no.
8 recital 27 Appropriate coordination structures 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. Acceptable as part of overall compromise package. should therefore be established both in the Member States and at Community level.
9 Article 2 This Directive is without prejudice to Directives 2003/4/EC and 2003/98/EC. 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. Unacceptable.
10 Article 4, para. 7 7. 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), in order to take into account the evolving needs for spatial data in support of Community policies that affect the environment. 7. The spatial data themes referred to in Annexes I, II and III may be adapted in accordance with the procedure referred to in Article 22(2), in order to take into account the evolving needs for spatial data in support of Community policies that affect the environment. Acceptable as part of overall compromise package. The reference should be to a new Article 22(2a) which would read: "Where reference is made to this paragraph, Articles 5a and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.".
12017/06 MS/pc ANNEX DG I
Am. Provision Council common position (CCP) European Parliament amendment Compromise text no.
11 Article 5, para. 2, point (c) (c) the quality of spatial data, including whether they are validated; (c) the quality and validity of spatial data; (c) the key aspects of the spatial data sets including information on the quality and validation of the spatial data;
12 Article 6 Member States shall create the metadata referred to in Article 5 in accordance with the following timetable: (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; (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. Member States shall create the metadata referred to in Article 5 in accordance with the following timetable: (a) not later than 3 years after the entry into force of this Directive in the case of the spatial data sets corresponding to the themes listed in Annexes I and II; (b) not later than 6 years after the entry into force of this Directive in the case of the spatial data sets corresponding to the themes listed in Annex III. Unacceptable.
12017/06 MS/pc ANNEX DG I
Am. Provision Council common position (CCP) European Parliament amendment Compromise text no.
13 Article 7, para. 2 2. As a basis for developing the proposals for such implementing rules, the Commission shall undertake an analysis of the feasibility and expected costs and benefits. 2. Member States shall, on request, provide the Commission with the information necessary to enable it to take into account feasibility and costbenefit considerations as provided for in paragraph 1. Acceptable as part of overall compromise package.
Member States shall, on
request, provide the Commission with the information necessary to enable it to prepare this analysis. When proposing such rules, the Commission shall consult Member States within the 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.
12017/06 MS/pc ANNEX DG I
Am. Provision Council common position (CCP) European Parliament amendment Compromise text no.
14 Article 7, para. 3 3. To the extent feasible, 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. 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. 3. Member States shall ensure that all newly collected and extensively revised data sets, and the corresponding spatial data services are available in 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 available in conformity with the implementing rules within seven years of their adoption. The data sets shall be made available in conformity with the implementing rules either through the adaptation of the spatial data sets or through the transformation services referred to Article 11(1) (d).
12017/06 MS/pc ANNEX DG I
Am. Provision Council common position (CCP) European Parliament amendment Compromise text no.
15 Article 7, para. 5 5. Representatives of 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 infrastructure for spatial information, 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 referred to in paragraph 1, prior to consideration by the Committee referred to in Article 22(1). 5. Representatives of 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 infrastructure for spatial information, including users, producers, added value service providers or any coordinating body shall be given the opportunity to participate in preparatory discussions on the content of the implementing rules referred to in paragraph 1, prior to consideration by the Committee referred to in Article 22(1). Acceptable as part of overall compromise package.
16 Article 8, para. 2, point (a) (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; (a) a common system of unique identifiers for spatial objects, to which identifiers under existing national systems can be mapped in order to ensure interoperability between them; (a) a common framework for the unique identification of spatial objects, to which identifiers under existing national systems can be mapped in order to ensure interoperability between them; 17 Art. 11, para. 2, point (c) (c) the quality of spatial data, including whether they are validated; (c) the quality and validity of spatial data; (c) the key aspects of the spatial data sets including information on the quality and validation of the spatial data
12017/06 MS/pc ANNEX DG I
Am. Provision Council common position (CCP) European Parliament amendment Compromise text no.
18 Art. 13, para. 1, intro 1. By way of derogation from Article 11(1), Member States may limit public access to spatial data sets and services through the services referred to in points (a) to (e) of Article 11(1), or to the ecommerce services referred to in Article 14(3), where such access would adversely affect any of the following: 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(3), where such access would adversely affect any of the following: 1. By way of derogation from Article 11(1), Member States may limit public access to spatial data sets and services through the services referred to Article 11(1)(a), where such access would adversely affect international relations, public security or national defence; they 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(3), where such access would adversely affect any of the following:
12017/06 MS/pc ANNEX DG I
Am. Provision Council common position (CCP) European Parliament amendment Compromise text no.
19 Art. 13, para. 1, point (e) (e) intellectual property rights; deleted Unacceptable.
20 Art. 13, para. 2, subpara 2 However, in cases where paragraph 1(d) or (f) is the ground for limiting access, the first subparagraph of this paragraph 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. deleted Acceptable as part of overall compromise package.
12017/06 MS/pc ANNEX DG I
Am. Provision Council common position (CCP) European Parliament amendment Compromise text no.
21 Art. 14, para. 1 1. Member States shall ensure that: (a) the services referred to in point (a) of Article 11(1) are available to the public free of charge; (b) the services referred to in point (b) of Article 11(1) are, as a rule, available to the public free of charge. However, in cases where charges and/or licences are an essential precondition for maintaining the spatial data sets and services or for fulfilling the requirements of already existing international spatial data infrastructure in a sustainable way, Member States may apply charges and/or licences either to the person providing the service to the public, or, where the service provider chooses, to the public itself. 1. Member States shall ensure that the services referred to in points (a) and (b) of Article 11(1) are available to the public free of charge. 1. Member States shall ensure that the services referred to in points (a) and (b) of the Article 11(1) are available to the public free of charge. New 1a: By way of derogation from paragraph 1, Member States may allow a public authority supplying a service referred to in point (b) of the Article 11(1) to apply charges and/or licences, in cases involving large volumes of data, which are updated on a regular basis, and where charges and/or licences are an essential precondition for maintaining the spatial data sets and the corresponding data services.
12017/06 MS/pc ANNEX DG I
Am. Provision Council common position (CCP) European Parliament amendment Compromise text no.
22 Art. 14, para. 3 3. Where public authorities levy charges for the services referred to in points (b), (c) or (e) of Article 11(1), Member States shall ensure that e-commerce services are available. Such services may be covered by disclaimers, clicklicences or licences. 3. Where public authorities levy charges for the services referred to in points (c) or (e) of Article 11(1), Member States shall ensure that ecommerce services are available. Such services may be covered by disclaimers or click-licences. Unacceptable.
23 Art. 17, para. 2 2. The measures provided for in paragraph 1 shall preclude any restrictions likely to create, at the point of use, practical obstacles to the sharing of spatial data sets and services. 2. The measures provided for in paragraph 1 shall preclude any restrictions likely to create practical obstacles to the sharing of spatial data sets and services. 2. The measures provided for in paragraph 1 shall preclude any restrictions likely to create practical obstacles, occurring at the point of use, to the sharing of spatial data sets and services.
12017/06 MS/pc ANNEX DG I
Am. Provision Council common position (CCP) European Parliament amendment Compromise text no.
24 Art. 17, para. 3 3. The provisions of paragraph 2 shall 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. 3. Without prejudice to paragraph 2, Member States may allow public authorities that supply spatial data sets and services to license them to, and/or require payment from, the public authorities or institutions and bodies of the Community that use these spatial data sets and services. In any event, where charges are made, the total income from supplying documents shall not exceed the cost of collection, production, reproduction and dissemination. 3. Member States may allow public authorities that supply spatial data sets and services to license them to, and/or require payment from, the public authorities or institutions and bodies of the Community that use these spatial data sets and services. 25 Art. 17, para. 6 6. Where the arrangements for the sharing of spatial data sets and services provided for in paragraphs 1, 2 and 3 are made available in accordance with paragraphs 4 and 5, these arrangements may be accompanied by national requirements conditioning their use. 6. Where the arrangements for the sharing of spatial data sets and services provided for in paragraphs 1, 2 and 3 are made available in accordance with paragraphs 4 and 5, these arrangements may, without prejudice to paragraph 2, be accompanied by requirements under national law conditioning their use. 6. Where the arrangements for the sharing of spatial data sets and services provided for in paragraphs 1, 2 and 3 are made available in accordance with paragraphs 4 and 5, these arrangements may be accompanied by requirements under national law conditioning their use.
12017/06 MS/pc ANNEX DG I
Am. Provision Council common position (CCP) European Parliament amendment Compromise text no.
26 Art. 17, para. 8 8. Without prejudice to paragraph 3, Member States shall provide the institutions and bodies of the Community with access to spatial data sets and services in accordance with harmonised conditions. Implementing rules governing those conditions shall be adopted in accordance with the procedure referred to in Article 22(2). 8. Member States shall provide the institutions and bodies of the Community with access to spatial data sets and services in accordance with harmonised conditions. Implementing rules governing those conditions shall be adopted in accordance with the procedure referred to in Article 22(2). Acceptable as part of overall compromise package.
27 Art. 17, para. 9 9. This Article does not affect the existence or ownership of public sector authorities' intellectual property rights. deleted Acceptable as part of overall compromise package.
28 Art. 18, subpara 1 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. Member States shall ensure that appropriate structures and mechanisms are designated for coordinating, across the different levels of government, the contributions of all those with an interest in their infrastructures for spatial information. Acceptable as part of overall compromise package.
12017/06 MS/pc ANNEX DG I
Am. Provision Council common position (CCP) European Parliament amendment Compromise text no.
29 Art. 19, para. 2 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. 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. This contact point will be supported by a coordination structure, taking account of the distribution of powers and responsibilities within the Member States. 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. This contact point shall be supported by a coordination structure, taking account of the distribution of powers and responsibilities within the Member State. 30 Art. 21, para. 2, point (a) (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) 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; Acceptable as part of overall compromise package.
* *
31 Art. 24, para. 1, footnote Three years following the date of Two years following the date of Acceptable as part of overall compromise package. entry into force of this Directive. entry into force of this Directive.
12017/06 MS/pc ANNEX DG I
Am. Provision Council common position (CCP) European Parliament amendment Compromise text no.
32 34 Annex I Annex II 4a. Addresses Location of properties based on address identifiers, usually by road name, house number, postal code. Acceptable as part of overall compromise package.
33 35 Annex I Annex II 4b. Cadastral parcels Areas defined by cadastral registers or equivalent. Acceptable as part of overall compromise package.
12017/06 MS/pc ANNEX DG I
Am. Provision Council common position (CCP) European Parliament amendment Compromise text no.
36 Annex III, point 11 Areas managed, regulated or used for reporting at international, European, national, regional and local levels. Includes dumping sites, restricted areas around drinking water sources, nitrate vulnerable zones, regulated fairways at sea or large inland waters, areas for the dumping of waste, noise restriction zones, prospecting and mining permit areas, river basin districts, relevant reporting units and coastal zone management areas. Areas managed, regulated or used for reporting at international, European, national, regional and local levels. Includes dumping sites, restricted areas around drinking water sources, nitrate vulnerable zones, regulated fairways at sea or large inland waters, areas for the dumping of waste, noise restriction zones, radiation zones, prospecting and mining permit areas, river basin districts, relevant reporting units and coastal zone management areas. Unacceptable.
_______________________
12017/06 MS/pc ANNEX DG I
- 23 jul '04COM(2004)516 - Infrastructuur voor ruimtelijke informatie in de EG (INSPIRE)
- 5 jun '02COM(2002)207 - Hergebruik en de commerciële exploitatie van overheidsdocumenten
- 29 jun '00COM(2000)402; - Toegang van het publiek tot milieu-informatie
- 24 jun '98COM(1998)380 - Voorwaarden voor de uitoefening van de aan de Commissie verleende uitvoeringsbevoegdheden
