Change Of The Spatial Data Infrastructure Law

Original Language Title: Änderung des Geodateninfrastrukturgesetzes

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109. Federal law, which changes the geodata infrastructure law

The National Council has decided:

The Geodata Infrastructure Act, BGBl. I n ° 14/2010, shall be amended as follows:

1. In Section 2 (4), the word order shall be deleted " according to § 3 (1) Z 9 lit. a to c and e " .

2. In § 2 paragraph 5 Z 2 lit. c will be the phrase "European Community or the same State" through the phrase "European Union or State equivalent to the Member States" replaced.

3. In § 3 (1) Z 8, the expression "European Communities" and the expression "European Community" by the expression "European Union" replaced.

4. In § 3 paragraph 1 Z 10 lit. c, § 11 paragraph 1 Z 1 and 2 as well as § 22 para. 3, the expression "European Community" by the expression "European Union" replaced.

5. § 4 (2) and (3) reads:

" (2) The minimum requirements for the creation and maintenance of the metadata are set out in Regulation (EC) No 1205/2008 implementing Directive 2007 /2/EC as regards metadata, OJ L 327, 30.4.2007, p. No. 12., as amended by the corrigendum OJ L 327, 28.12.2008, p. No. OJ L 328, 15 December 2009, p. 83.

(3) The metadata shall also include information concerning restrictions on access to the public pursuant to § 8, and the reasons for such restrictions. "

6. § 5 (1) first sentence reads:

" The public geodata authorities shall have the spatial data sets or services available to them or held for them in accordance with the implementing rules to be implemented, if necessary, in accordance with Article 7 (1) of the INSPIRES Directive, as set out in Regulation (EU) No 1089/2010 on the implementation of Directive 2007 /2/EC as regards the interoperability of spatial data sets and services, OJ L 327, 22.10.2010, p. No. OJ L 323 of 8 December 2010 p. 11, as amended by Regulation (EU) No 102/2011, OJ L 327, 28.12.2010, p. No. 13, by means of adaptation or transformation services in accordance with Article 6 (2) (4) (4) of the German Law on the Provisions of the European Union. "

7. In § 5 (4) the expression "European Community" by the expression "European Union" replaced and after the expression "persons of the other Member States" the expression "or these equated states" inserted.

8. In § 6 (1), first sentence, after the expression " 20. October 2009 p. 9, " the expression " as amended by Regulation (EU) No 1088/2010 in respect of downloaddies and transformation services, OJ L 327, 28.12.2010, p. No. OJ L 323 of 8 December 2010 p. 1, " inserted.

9. § 6 para. 4 Z 4 reads:

" 4.

Degree of conformity with the implementing rules referred to in Article 5 (1); "

10. In Section 6 (5), the phrase "Implementing rules referred to in Article 7 (1) of the INSPIRE-Directive" through the phrase "Implementing rules referred to in Article 5 (1)" replaced.

11. In § 7 paragraph 2 Z 1 the phrase "Implementing provisions of Article 16 of the INSPIRE-Directive, as required by Regulation (EC) No 976/2009" through the phrase " , the implementing rules referred to in Article 6 (1) shall be required " replaced.

12. In § 8 paragraph 2 Z 4, the term "Community law" by the term "Union law" replaced.

13. In § 10 paragraph 2 Z 1 lit. b becomes the word "Public" by the word "public" replaced.

14. In § 11 paragraph 1 Z 3 the expression "European Community" by the expression "European Union" replaced.

15. In Section 11 (2), the expression "European Community" by the expression "European Union" and the word "Community environmental law" by the word "Union Environmental Law" replaced.

16. § 11 (3) second sentence reads:

" These are to the institutions and bodies of the European Union in accordance with Regulation (EU) No 268/2010 implementing Directive 2007 /2/EC as regards access by the Community institutions and bodies to spatial data sets and services of the Member States in accordance with harmonised conditions, OJ L No. L 83 of 30 March 2010 p. 8. '

17. In § 13, § 14 (2) and the title of § 15, the expression "European Communities" by the expression "European Union" replaced.

18. In § 14 (1), after the expression "11 June 2009 p. 18," the expression " in the version of the corrigendum OJ C 327, No. OJ L 322 of 9 December 2009 p. 40, " inserted.

19. In § 15 para. 1 of the entry section, the expression "European Communities" by "European Union" and the word "Spatial Data Infrastructure" by the word "Geodata Infrastructure" replaced.

20. § 15 para. 1 Z 4 reads:

" 4.

Agreements on the use of geodata

a)

by public geodata centers,

b)

by bodies within the meaning of Article 3 Z 9 of the INSPIRE Directives, in accordance with the national laws implementing this Directive;

c)

by bodies within the meaning of Article 3 Z 9 of the INSPIRE directives of other Member States of the European Union, or

d)

by bodies within the meaning of Article 3 Z 9 of the INSPIRE directives of States which are equal to the Member States of the European Union; "

21. § 18 reads:

" § 18. In order to fulfil obligations under the implementing rules laid down in Article 4 (7), Article 7 (1) and Article 16 of the INSPIRE Directive, the Federal Government may lay down detailed rules for the implementation of the

1.

Description of the geodata subjects (§ 2 para. 1 Z 4),

2.

laying down technical modalities for the interoperability and harmonisation of spatial data sets and services (Article 5 (1));

3.

Establishment of technical specifications and minimum performance criteria for network services (Section 6 (1)) and

4.

Establishment of technical specifications for the interconnection of spatial data sets and services with the network (§ 7 (1) and (2))

adopted by Regulation. "

22. § 22 (2) reads as follows:

" (2) In the context of this federal law, it is necessary to act as a directly applicable law:

1.

Regulation (EC) No 1205/2008 on the implementation of Directive 2007 /2/EC of the European Parliament and of the Council as regards metadata, OJ L 145, 31.5.2008, p. No. 12., as amended by the corrigendum OJ L 327, 28.12.2008, p. OJ L 328, 15 December 2009, p. 83;

2.

Decision 2009 /442/EC on the implementation of Directive 2007 /2/EC as regards monitoring and reporting, OJ L 136, 31.4.2009, p. No. OJ L 148 of 11 June 2009 p. 18, as amended by the corrigendum. No. OJ L 322 of 9 December 2009 p. 40;

3.

Regulation (EC) No 976/2009 on the implementation of Directive 2007 /2/EC as regards network services, OJ L 145, 31.5.2009, p. No. OJ L 274 of 20. 9, as amended by Regulation (EU) No 1088/2010 in respect of downloaddies and transformation services, OJ L 327, 28.12.2010, p. No. OJ L 323 of 8 December 2010 p. 1;

4.

Regulation (EU) No 268/2010 on the implementation of Directive 2007 /2/EC as regards access to spatial data sets and services of the Member States by the Community institutions and bodies in accordance with harmonised conditions, OJ L 327, 30.12.2010, p. No. OJ L 83, 30 March 2010, p. 8;

5.

Regulation (EU) No 1089/2010 on the implementation of Directive 2007 /2/EC as regards the interoperability of spatial data sets and services, OJ L 327, 22.10.2010, p. No. OJ L 323 of 8 December 2010 p. 11, as amended by Regulation (EU) No 102/2011, OJ L 327, 28.12.2010, p. No. OJ L 31, 5 February 2011, p. 13.

23. In Annex I, Z 4, the word sequence shall be: "Member States shall have jurisdiction and/or exercise" through the phrase "Republic of Austria has jurisdiction and/or exercises jurisdiction" replaced.

(24) In Annex I, Z 9, the expression 'Community law' by "unional law" replaced.

25. In Annex III, Z 7, the word "Authorities" by the word "Geodata points" replaced.

Annex III Z 8 reads as follows:

" 8.

Production and industrial plants

Sites for industrial production, including by Directive 2008 /1/EC on integrated pollution prevention and control, OJ L 327, 22.11.2008, p. No. OJ No L 24, 29. January 2008, p. 8, installations and facilities for water abstracting as well as mining and warehousing sites. "

Fischer

Faymann