Change Of The Spatial Data Infrastructure Law

Original Language Title: Änderung des Geodateninfrastrukturgesetzes

Read the untranslated law here: https://www.global-regulation.com/law/austria/2996960/nderung-des-geodateninfrastrukturgesetzes.html

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109. Federal law that modifies the geo data infrastructure law

The National Council has decided:

The geo data infrastructure Act, Federal Law Gazette I no. 14/2010, is amended as follows:

1 in § 2 para 4 is the phrase "in accordance with article 3 para. 1 No. 9 lit. a to c and e".

2. in section 2, para 5 No. 2 lit. c is the phrase "European Community or this equivalent State" by the phrase "European Union or one of the Member States of equal State" replaced.

3. in article 3, paragraph 1, sub-para. 8 is the expression 'European Communities' and the term 'European Community' is replaced by 'European Union'.

4. in article 3, paragraph 1, no. 10 lit. c, section 11, paragraph 1 Z 1 and 2 as well as article 22 para 3 of the term 'European Community' is replaced by the expression "European Union".

5. paragraph 4 section 2 and 3:

"(2) the minimum requirements for the creation and maintenance of metadata are available in Regulation (EC) 1205/2008 implementing Directive 2007/2/EC as regards metadata, OJ No. L 326 of December 4, 2008, p. 12, as amended by the amending OJ No contain L 328 of S. 83, 15 December 2009.

(3) the metadata includes also information concerning restrictions on access of the public pursuant to article 8 and the reasons for such restrictions."

6 § 5 para 1 first sentence reads:

"The public geo data points have the existing with them or held ready for her spatial data sets or services according to the implementing rules to be implemented in national law, where necessary, pursuant to article 7 para 1 of the INSPIRE directive, such as the Regulation (EU) no 1089/2010 on the implementation of Directive 2007/2/EC concerning the interoperability of spatial data sets and services, OJ" No. L 323 of 8 December 2010 p. 11, as amended by the Regulation (EU) No. 102/2011, OJ No. L 31 of February 5, 2011 S. 13, to expose Z 4 pursuant to section 6 para 2 through adaptation or transformation services."

7. in article 5, paragraph 4, the term 'European Community' is replaced by the expression "European Union" and inserted the expression "or these equivalent States" after the expression 'Persons of other Member States'.

8. in article 6, paragraph 1, first sentence, is the expression "20 October 2009 p. 9", the expression "as amended by the Regulation (EU) no 1088/2010 as regards download services and transformation services, OJ" No. L 323 of December 8, 2010 page 1,"added.

9 § 6 par. 4 Z 4 is: "4th degree of conformity with the implementing rules referred to in article 5, paragraph 1;"

10. in article 6, paragraph 5, the word order is "implementing rules pursuant to article 7 para 1 of the INSPIRE directive ' is replaced by the phrase"Implementing rules referred to in article 5, paragraph 1".

11. in section 7 para 2 No. 1 is the phrase "Regulations No. 976/2009, are required under article 16 of the INSPIRE directive, such as Regulation (EC)" by the phrase ", in article 6, paragraph 1 detailed rules referred to are required" replaced.

12. in section 8, paragraph 2, the term "Community law" is replaced by the term "Union law" Z 4.

13. in section 10 para 2 subpara 1 lit. b is the word "public" replaced "public" Word.

14. in article 11, paragraph 1, the term 'European Community' is replaced by the expression "European Union" No. 3.

15. in article 11, paragraph 2, the term 'European Community' is replaced by the expression "European Union" and the word 'Community environmental law' by the word "Union environmental law".

16 § 11 par. 3, second sentence, is:

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

17. in article 13, § 14 para 2 and the heading of article 15, the expression 'European Communities' is replaced by the expression "European Union".

18. in article 14, paragraph 1, the expression is the expression "June 11, 2009 page 18", "as amended by the amending OJ" No. L 322 of December 9, 2009, p. 40,"added.

19. in article 15, paragraph 1 introduction part of the expression 'European Communities' is replaced by 'European Union' and the word "Geodateninfrastrukutur" by the word "Spatial data infrastructure".

20 § 15 para 1 No. 4 is: "(4. Vereinbarungen über die Nutzung von Geodaten a) by public geo data centres, b) (by bodies within the meaning of article 3 Z 9 of the INSPIRE guidelines for this policy-setting national laws, c) (by bodies within the meaning of article 3 Z 9 INSPIRE policies of other Member States of the European Union or d) by bodies within the meaning of article 3 Z 9 of the INSPIRE guidelines States" ", the Member States of the European Union are equal;"

21 paragraph 18:

"section 18. The Federal Government can to fulfil the obligations of the implementing rules pursuant to article 4 paragraph 7, article 7 for further regulations to 1 describe of the spatial data themes para. 1 and art. 16 of the INSPIRE directive (article 2, paragraph 1 Z 4), 2. laying down technical arrangements for the interoperability and harmonisation of spatial data sets and services (§ 5 para 1), 3. laying down technical specifications and minimum performance criteria for the network services (§ 6 para 1) and 4 laying down technical specifications of the linking of the spatial data sets and services with the network (§ 7 para 1 (und 2) by regulation adopt. "

22 paragraph 22, section 2:

"(2) in connection with this federal law as to understand directly applicable legislation: 1. Regulation (EC) no 1205/2008 implementing Directive 2007/2/EC of the European Parliament and of the Council as regards metadata, OJ" No. L 326 of December 4, 2008, p. 12, as amended by the amending OJ L 328 of December 15, 2009, p. 83;

2. decision 2009/442/EC implementing Directive 2007/2/EC as regards monitoring and reporting, OJ No. L 148 of June 11, 2009, p. 18, as amended by the amending OJ No. L 322 of December 9, 2009, p. 40;

3. Regulation (EC) No. 976/2009 implementing Directive 2007/2/EC as regards the network services, OJ No. L 274 of 20 October 2009 p. 9, as amended by the Regulation (EU) no 1088/2010 as regards download services and transformation services, OJ No. L 323 of 8 December 2010 p. 1;

4. Regulation (EU) No. 268/2010 implementing Directive 2007/2/EC as regards the access of institutions and bodies the community to spatial data sets and services of the Member States after conditions, OJ harmonised No. L 83 of March 30, 2010, p. 8;

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

23. in annex I, no. 4 is replaced by the phrase "Republic of Austria jurisdiction has and/or exercises" the phrase "jurisdiction Member States have and/or exercise".

24. in the annex, the expression "Community law" is replaced by "unionalen right" Z 9.

25. in annex III, no. 7 is replaced by the word "Spatial data set" the word 'Authorities'.

26 Annex III is Z 8: "8 production and industrial sites for industrial production, including by the Directive 2008/1/EC on the integrated prevention and reduction of environmental pollution, OJ" No. L 24 of 29 January 2008 p. 8, collected plants and equipment for the water intake as well as mining and warehouse locations."

Fischer

Faymann