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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1.

Tekst

  • 1. 
    On 13 June 2006, the European Parliament adopted amendments to the Council's common position on the draft INSPIRE Directive and notified the Council of the outcome of the vote

on 10 July 2006.

2.

The Working Party on the Environment on 8 September considered the Presidency proposal

for a compromise text in preparation for conciliation.

3.

The first Informal Trialogue will be held on 26 September in Strasbourg.

4.

The Annex to this note contains a table comparing the Council's common position

(doc. 12064/2/05 REV 2) to the outcome of the European Parliament's second reading

(doc. 12428/06) and a Presidency compromise text reflecting the Working Party's discussion.

Underlining and [...] in the third column are used to indicate changes to the common position

and deletion of text respectively.

  • 5. 
    The Permanent Representatives Committee is asked to give a mandate to its President to negotiate on the basis of the text set out in the third column of the Annex.

______________________

COUNCIL EP AMENDMENTS COUNCIL'S POSITION

COMMON POSITION (SECOND READING) Amendment 1

Recital 6

(6) 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 other public authorities to the extent that this Directive imposes on such public authorities a duty to share spatial data; that spatial data are made available under conditions which do not unduly restrict their extensive use; that it is easy to discover available spatial data, to evaluate their suitability for the purpose and to know the conditions applicable to their use. (6) 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 other public authorities; that spatial data are made available under conditions which do not unduly restrict their extensive use; that it is easy to discover available spatial data, to evaluate their suitability for the purpose and to know the conditions applicable to their use. Acceptable as part of overall compromise package.

12689/06 MS/ana ANNEX DG I

COUNCIL EP AMENDMENTS COUNCIL'S POSITION

COMMON POSITION (SECOND READING) Amendment 2

Recital 18

(18) 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 spatial data sets. (18) 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 (18) 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, subject to certain specific conditions, viewing spatial data sets. spatial data sets.

12689/06 MS/ana ANNEX DG I

COUNCIL EP AMENDMENTS COUNCIL'S POSITION COMMON POSITION (SECOND READING) Amendment 3

Recital 20

(20) In order to make information from various levels of public authority available, Member States should remove the practical obstacles 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 practical obstacles should be removed at the point where the information is to be used for the public task. (20) In order to make information from various levels of public authority available, Member States should remove the practical obstacles 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. Acceptable as part of overall compromise package

12689/06 MS/ana ANNEX DG I

COUNCIL EP AMENDMENTS COUNCIL'S POSITION

COMMON POSITION (SECOND READING) Amendment 4

Recital 22

(22) The mechanisms for sharing spatial data sets and services between government and other public administrations and natural or legal persons 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, 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. (22) The mechanisms for sharing spatial data sets and services between government and other public administrations and natural or legal persons performing public administrative functions under national law 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, costs charged should not exceed the cost of collection, production, reproduction and dissemination. (22) The mechanisms for sharing spatial data sets and services between government and other public administrations and natural or legal persons performing public administrative functions under national law should take into account the need to protect the financial viability of public authorities, in particular those who have a duty to raise revenue. [...]

12689/06 MS/ana ANNEX DG I

COUNCIL EP AMENDMENTS COUNCIL'S POSITION

COMMON POSITION (SECOND READING) Amendment 5

Recital 22 a (new)

(22a) This Directive does not affect the existence or ownership of public sector authorities' intellectual property rights. Acceptable as part of overall compromise package. Amendment 6

Recital 23

(23) The possibility for public 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. deleted Acceptable as part of overall compromise package.

12689/06 MS/ana ANNEX DG I

COUNCIL EP AMENDMENTS COUNCIL'S POSITION

COMMON POSITION (SECOND READING) Amendment 7

Recital 24

(24) The provisions of point (f) of Article 13(1) and of Article 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 on the free movement of such data. (18a) The provision of network services should be carried out 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 on the free movement of such data. Acceptable as part of overall compromise package.

12689/06 MS/ana ANNEX DG I

COUNCIL EP AMENDMENTS COUNCIL'S POSITION

COMMON POSITION (SECOND READING) Amendment 8

Recital 27

(27) 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. (27) 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 Acceptable as part of overall compromise package. .

Amendment 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. Unacceptable. 2. This Directive is without prejudice to Directive 2003/98/EC.

12689/06 MS/ana ANNEX DG I

COUNCIL EP AMENDMENTS COUNCIL'S POSITION

COMMON POSITION (SECOND READING) Amendment 10

Article 4, paragraph 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. Unacceptable. 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.". Recital 31 would read: " The measures necessary for the adaptation of Annexes should be adapted in accordance with Council Decision 1999/486/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission, as amended by Council Decision ... of 17 July 2006". Amendment 11

Article 5, paragraph 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;

12689/06 MS/ana ANNEX DG I

COUNCIL EP AMENDMENTS COUNCIL'S POSITION

COMMON POSITION (SECOND READING) Amendment 12

Article 6

Member States shall create the metadata referred to in Article 5 in accordance with the following timetable: Member States shall create the metadata referred to in Article 5 in accordance with the following timetable: Unacceptable.

(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) not later than ...* 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. (b) not later than ...** in the case of the spatial data sets corresponding to the themes listed in Annex III.

*

Three years following the date of entry into force of this Directive.

**

Six years following the date of

entry into force of this Directive.

12689/06 MS/ana ANNEX DG I

COUNCIL EP AMENDMENTS COUNCIL'S POSITION

COMMON POSITION (SECOND READING) Amendment 13

Article 7, paragraph 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. 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. 2. Member States shall, on request, provide the Commission with the information necessary to enable it to take into account feasibility and cost-benefit considerations as provided for in paragraph 1. 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. Member States shall, on request, provide the Commission with the information necessary to enable it to prepare this analysis. [...]

12689/06 MS/ana ANNEX DG I

COUNCIL EP AMENDMENTS COUNCIL'S POSITION

COMMON POSITION (SECOND READING) Amendment 14

Article 7, paragraph 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 restructured 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 relevant 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).

12689/06 MS/ana ANNEX DG I

COUNCIL EP AMENDMENTS COUNCIL'S POSITION

COMMON POSITION (SECOND READING) Amendment 15

Article 7, paragraph 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.

12689/06 MS/ana ANNEX DG I

COUNCIL EP AMENDMENTS COUNCIL'S POSITION

COMMON POSITION (SECOND READING) Amendment 16

Article 8, paragraph 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 framework for the unique identification of spatial objects, to which identifiers under [...] national systems can be mapped in order to ensure interoperability between them; Amendment 17

Article 11, paragraph 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;

12689/06 MS/ana ANNEX DG I

COUNCIL EP AMENDMENTS COUNCIL'S POSITION

COMMON POSITION (SECOND READING) Amendment 18

Article 13, paragraph 1, introductory part

  • 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 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 defense. 1a. 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 (b) 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: , 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 ecommerce services referred to in Article 14(3), where such access would adversely affect any of the following:

12689/06 MS/ana ANNEX DG I

COUNCIL EP AMENDMENTS COUNCIL'S POSITION

COMMON POSITION (SECOND READING) Amendment 19

Article 13, paragraph 1, point (e)

(e) intellectual property rights; deleted Unacceptable. Amendment 20

Article 13, paragraph 2, subparagraph 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 Unacceptable.

12689/06 MS/ana ANNEX DG I

COUNCIL EP AMENDMENTS COUNCIL'S POSITION

COMMON POSITION (SECOND READING) Amendment 21

Article 14, paragraph 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. [...] 1a. By way of derogation from paragraph 1, Member States may allow a public authority supplying a service referred to in point (b) of Article 11(1) to apply charges and/or licences, in cases involving large volumes of data, which are updated on a regular basis, or where charges and/or licences are an essential precondition for maintaining the spatial data sets and the corresponding data services.

12689/06 MS/ana ANNEX DG I

COUNCIL EP AMENDMENTS COUNCIL'S POSITION

COMMON POSITION (SECOND READING) Amendment 22

Article 14, paragraph 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. Amendment 23

Article 17, paragraph 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.

12689/06 MS/ana ANNEX DG I

COUNCIL EP AMENDMENTS COUNCIL'S POSITION

COMMON POSITION (SECOND READING) Amendment 24

Article 17, paragraph 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. Amendment 25

Article 17, paragraph 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.

12689/06 MS/ana ANNEX DG I

COUNCIL EP AMENDMENTS COUNCIL'S POSITION

COMMON POSITION (SECOND READING) Amendment 26

Article 17, paragraph 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). Unacceptable. Amendment 27

Article 17, paragraph 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. Amendment 28

Article 18, paragraph 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.

12689/06 MS/ana ANNEX DG I

COUNCIL EP AMENDMENTS COUNCIL'S POSITION

COMMON POSITION (SECOND READING) Amendment 29

Article 19, paragraph 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 State. Acceptable as part of overall compromise package. Amendment 30

Article 21, paragraph 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. Amendment 31

Article 24, paragraph 1, footnote

*

Three years following the date of * Two years following the date of entry into force of this Directive. Unacceptable. entry into force of this Directive.

12689/06 MS/ana ANNEX DG I

COUNCIL EP AMENDMENTS COUNCIL'S POSITION

COMMON POSITION (SECOND READING) Amendment 32

Annex I, point 4 a (new)

4a. Addresses Acceptable as part of overall compromise package.

Location of properties based on address identifiers, usually by road name, house number, postal code. Amendment 33

Annex I, point 4 b (new)

4b. Cadastal parcels Acceptable as part of overall compromise package. Areas defined by cadastral registers or equivalent. Amendment 34

Annex II, point 2

  • 2. 
    Addresses deleted Acceptable as part of overall compromise package.

Location of properties based on address identifiers, usually by road name, house number, postal code. Amendment 35

Annex II, point 3

  • 3. 
    Cadastral parcels deleted Acceptable as part of overall compromise package. Areas defined by cadastral registers or equivalent.

12689/06 MS/ana ANNEX DG I

COUNCIL EP AMENDMENTS COUNCIL'S POSITION

COMMON POSITION (SECOND READING) Amendment 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, 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. 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, radiation zones, prospecting and mining permit areas, river basin districts, relevant reporting units and coastal zone management areas. Unacceptable.

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12689/06 MS/ana ANNEX DG I

2.

Originele weergave

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3.

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