Posted the: 2012-01-09 Numac: 2011007288 Ministry of defence 15 December 2011. -Law transposing Directive 2007/2/EC of the European Parliament and of the Council of 14 March 2007 establishing an infrastructure for spatial information in the European Community (INSPIRE) (1) ALBERT II, King of the Belgians, to all, present and future, hi.
The Chambers have adopted and we endorse the following: Chapter 1. -Provisions General Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
It partially transposes Directive 2007/2/EC of the European Parliament and of the Council of 14 March 2007 establishing an infrastructure for spatial information in the European Community (INSPIRE).
S. 2. this Act shall not affect the provisions of:-the law of March 7, 2007, transposing 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 Act of August 5, 2006 public access to environmental information.
It does not affect the existence or ownership of IPR by public authorities.
CHAPTER 2. -Definitions and scope article 3. for the purposes of this Act, shall mean: 1 ° geographical information infrastructure: metadata, spatial data sets and spatial data services; services and networked technologies; agreements on the sharing, access and use; and mechanisms, processes and procedures of coordination and monitoring established, operated or made available for this set;
2 ° given geographic: any data that directly or indirectly refers to a place or a specific geographical area;
3 ° series of geographic data: an identifiable geographical data compilation;
4 ° spatial data services: the operations that can be performed using a computer application on geographical data contained in the spatial data sets or on the metadata attached to it;
5 ° metadata: information describing the series and spatial data services and making it possible their research, their inventory and use them;
6 ° Interoperability: the possibility of a combination of sets of geographic data and services interaction, without repetitive manual intervention, in such a way that the result is coherent and the added value series and data services strengthened;
7 ° directive inspired: Directive 2007/2/EC of the Parliament and of the Council of 14 March 2007 establishing an infrastructure for spatial information in the European Community (INSPIRE).
8 ° GeoPortal: one website or equivalent which provides access, among other services linked to geographic data;
9 ° public authority: has) a legal person or body established by or under the Constitution, a law, a decree or a rule referred to in article 134 of the Constitution;
(b) any natural or legal person performing public administration functions, including tasks, activities or specific services in relation to the environment;
(c) any natural or legal person having responsibilities or public functions, or providing public services in relation to the environment under the control of a body or a person referred to in point (a) or (b).
Outside this definition:-bodies and institutions with jurisdiction, unless they act with one non-judicial function;
-the legislative assemblies and institutions that their are attached, unless they act in administrative capacity;
10 ° third party: any natural or legal person other than a public authority.
S. 4 § 1. This Act applies to the spatial data sets in electronic format, which relate one of the themes listed in annexes Ire, II or III of this Act, and are linked to the territory over which the Belgium exercises its sovereignty, provided that they are held by or on behalf of any of the following entities:-a public authority within the federal authority and that these series produced, received, managed or updated by that authority, fall within the scope of its public tasks, - a third party or one public authority other than those covered by the federal authority and that these series were related to the federal network of services referred to in article 6.
However, to the extent only where, for reasons within the federal jurisdiction, the Act imposes restrictions on public access to the series and to geographical data services, it applies also to the series referred to in paragraph 1 which are held by or on behalf of the following entities: - the public authorities other than those falling within federal authority, - third at the disposal of which is set a network of services referred to in article 11 , § 1, of the INSPIRE Directive.
§ 2. Where multiple identical copies of the same series of geographic data are held by several public authorities falling within federal authority or on their behalf, the provisions of this Act, with the exception of article 9, apply only to the version of reference which are from different copies.
§ 3. This Act applies also to the spatial data services relating to the data contained in the geographic data referred to in paragraph 1.
§ 4. This Act does not require collection of new spatial data.
5. Without prejudice to article 9, in the case of sets of geographic data referred to in paragraph 1, 1st subparagraph, in respect of which a third party holds intellectual property rights, the public authority within the federal authority cannot act pursuant to this Act only with the express consent of such third party.
Chapter 3 - Metadata, interoperability series and geographical data services and the federal network of services art. 5. for the series and geographical data services, the entities referred to in article 4, § 1, paragraph 1, that hold or on whose behalf they are being held, create and maintain metadata in accordance with the modalities for the implementation of the INSPIRE Directive adopted by the European Commission.
For data sets corresponding to the themes listed in annexes Ire and II, metadata are available December 3, 2010. For data sets corresponding to the themes listed in annex III, the metadata is available no later than December 3, 2013.
S. 6 § 1. A federal network of services regarding the series and geographical data for which the metadata services have been created pursuant to this Act, is put in place.
This network is organized within the infrastructure for spatial information established and operated by the national geographical Institute.
§ 2. Federal network services that are made available to the public and are accessible by a GeoPortal, are the following: a) of research services to identify series and geographical data based on the content of the corresponding metadata and to display the content of the metadata;
(b) consulting services allowing at least display data, navigate, change the scale, to opt for a panoramic view, or overlaying several series of available data and display relevant so that any content descriptions of metadata;
(c) download services to download copies of spatial data or parts of these series, sets and, where possible, access them directly;
(d) transformation services to transform a series of geographic data to achieve interoperability;
(e) services for calling geographical data services.
These services meet the requirements of the implementation of the INSPIRE Directive implementing rules adopted by the European Commission, and are supplied within the time limits which are fixed.
The transformation services referred to in point (d)), are combined with the other services referred to in this paragraph so as to allow the exploitation of all of these services in accordance with the modalities for the implementation of the INSPIRE Directive.
§ 3. The King may determine additional rules concerning the requirements for interoperability and harmonisation which the sets and services related to the federal network are subject, as well as rules for connection.
7 § 1. Public authorities within the federal authority link to the federal network services, in the deadlines fixed King, the series and the spatial data services that they hold or held on their behalf and which shall be in accordance with the modalities for the implementation of the INSPIRE Directive adopted by the Commission as well as European, as appropriate , with the rules referred to in article 6, § 3.
§ 2. Third parties and public authorities other than those within the federal authority making the request, are authorized by the Minister of defence to link sets and spatial data services to the federal network of services, following the opinion of the Committee of management of the national geographic Institute, to condition:-that they create and maintain metadata in accordance with the modalities for the implementation of the INSPIRE Directive adopted by the European Commission;
-that they are complying with the obligations laid down in article 9;
- and the series and relevant geographical data services comply with implementing rules of the INSPIRE Directive adopted by the European Commission as well as the appropriate rules referred to in article 6, § 3.
The authorization may be withdrawn at the request of the third party or the public authority concerned or on the initiative of the Minister of defence in the event of non-compliance with the above conditions, after the opinion of the Management Committee of the Institut géographique national.
The King may determine the procedure for the introduction of the application for authorization or withdrawal, as well as procedures for the authorization and withdrawal of authorization.
S. 8. the information necessary to comply with the terms for the implementation of the INSPIRE Directive adopted by the Commission European as well as the rules, if any, referred to in article 6, § 3, including data, codes and technical classifications, are made available through the federal GeoPortal referred to in article 6 in accordance with conditions which restrict not their use for this purpose. Chapter 4. -Restrictions of public access series and geographical data services art. 9 § 1. The entities referred to in article 4, § 1, restrict public access to the series and the spatial data services through the services referred to in article 11, § 1, has), of the INSPIRE Directive, where such access would adversely affect: 1 ° to public safety, or 2 ° to national defence, or 3 ° to the confidentiality:-International federal relations of the Belgium or - relations of the Belgium with supranational institutions.
The entities referred to in article 4, § 1, restrict public access to the series and the spatial data services through the services referred to in article 11 § 1, b) to (e)) the INSPIRE Directive and e-commerce services referred to in article 14, § 3, of the INSPIRE Directive, where such access would adversely affect one of the aspects referred to in paragraph 1 or one of the following aspects (: a) the confidentiality of the work of public authorities within the federal authority, where such confidentiality is provided for by law;
(b) the smooth running of justice, the opportunity for a person to be judged fairly or the ability of a public authority under the federal authority to conduct an enquiry of a criminal or disciplinary nature;
c) the confidentiality of commercial or industrial information, where such confidentiality is provided for by Belgian legislation or that of the European Union in order to protect a legitimate economic interest, including the public interest in the preservation of the confidentiality of statistics and tax secrecy;
d) intellectual property rights;
e) the confidentiality of the personal data or files relating to a natural person where that person has not consented to the disclosure of such information to the public, where the confidentiality of such information is provided for by Belgian legislation or that of the European Union;
(f) the interests or protection of any person who supplied the information requested on a voluntary basis without there be compelled by law or without the law can compel him, unless that person has consented to the disclosure of these data;
(g) the protection of the environment to which such information relates;
(h) the confidential nature of the relations of the federal authority with the communities and Regions).
§ 2. The reasons for restricting access, as provided for in paragraph 1 shall apply without prejudice to other grounds for restrictions laid down by a decree or rule referred to in article 134 of the Constitution relating to the powers of the communities and Regions, such as for example the localization of rare under the protection of the environment.
They are interpreted strictly, taking into account, in each case, the interest that the access to this information to the public. In each case, interest that would present to the public disclosure is appreciated compared to that would access limited or subject to conditions.
Access to information on emissions into the environment may be restricted under subsection 1, paragraph 2), c), e), f) and (g)).
§ 3. Within this framework, and for the purposes of the application of paragraph 1, subparagraph 2, e), the requirements of the law of 8 December 1992 relative to the protection of privacy with regard to the processing of personal data are complied with.
CHAPTER 5. -The pricing of services art. 10 § 1. The services referred to in article 6, § 2, a), are made available to the public free of charge.
2. Public authorities within the federal authority and providing a service referred to in article 11 § 1, b), of the INSPIRE Directive, can collect duties which ensure the continuation of series of geographical data and their corresponding services.
3. The data made available by consulting services mentioned in article 6, § 2, b), can be in a form preventing their re-use for commercial purposes.
§ 4. When the public authorities falling within federal authority dictate pricing for the services referred to in article 11, § 1, b), c) or (e)), the INSPIRE Directive, e-commerce services must be available. These services can be covered by Disclaimer clauses, Internet licensing or, if necessary, the ordinary license.
CHAPTER 6. -Miscellaneous provisions and final arts. 11. article 3A of the Act of 8 June 1976 establishing the national geographic Institute, inserted by article 2 of the Decree royal No. 234, December 22, 1983, is replaced by the following: «art.» 3bis. the Institute also has the mandate to establish and operate an infrastructure for spatial information in which identifiable compilations of geographical data networks and computer applications on these geographical data can be made operational and to be given access, inter alia by means of a website or equivalent. ».
S. 12. in point 5 of article 5, § 1, of the Act, as amended by article 3 of the royal decree No. 234 of 22 December 1983, the words "and each of the two Ministers of National Education" shall be replaced by the words "and the Minister in charge of the computerization of the State".
S. 13. the King takes, where appropriate, the necessary measures to ensure the transposition of possible amendments to annexes Ire, II and III of the INSPIRE Directive. It may amend the annexes Ire, II and III of this Act.
S. 14. this Act comes into force the day of its publication in the Moniteur belge, with the exception of article 7, § 2, which shall enter into force on the date fixed by the King.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given in Brussels, December 15, 2011.
ALBERT by the King: the Prime Minister E. DI RUPO the Defence Minister P.
CREM seal of the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note (1) Session 2011-2012: House of representatives.
Parliamentary papers: Bill No. 1719/1. -Report No. 1719/2. -Text adopted by the Commission on 19 October 2011.
Parliamentary Annals: text adopted in plenary meeting on 10 November 2011.
Parliamentary papers: Bill passed by the House, no. 1322/1. Not mentioned.
Annexes to the law of December 15, 2011 transposing Directive 2007/2/EC of the Parliament European Parliament and of the Council of 14 March 2007 establishing an infrastructure for spatial information in the European Community (INSPIRE).
Annex Ire Themes of geographic data referred to in article 4, § 1, article 5, paragraph 2 and article 12 of the law of December 15, 2011 transposing Directive 2007/2/EC of the European Parliament and of the Council of 14 March 2007 establishing an infrastructure for spatial information in the European Community (INSPIRE) 1. Repositories of coordinates systems unique referencing of geographic 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 point.
2. geographical grid systems grid multi-resolution harmonized with a common point of origin and location as well as a harmonised cell size.
3 names geographical names of areas, regions, localities, cities, suburbs, of medium-sized cities or settlements, or any geographical or topographical of public or historical interest.
4 units administrative units of administration separated by administrative boundaries and delimiting the areas where Member States have and/or exercise their powers for the purpose of local, regional and national administration.
5 addresses location of properties based on address identifiers, usually the street name, house number and postcode.
6. cadastral parcels areas defined by cadastral registers or equivalent.
7 networks transport road, rail, air and waterway networks and associated infrastructure. Are also included the correspondences between different networks, as well as the trans-European transport network as defined in Decision No 1692/96/EC of the European Parliament and of the Council of 23 July 1996 on
Community guidelines for the development of the trans-European transport network and future revisions of that decision.
8 hydrography hydrographic Elements, including marine areas and all other water bodies and items related to it, including the watersheds and subwatersheds. Conform, where appropriate, the definitions laid down in Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for a Community policy in the field of water and in the form of networks.
9. protected sites area designated or managed within an international legislative framework, the European Union or national to achieve specific conservation objectives.
Annex II geographical data Themes referred to in article 4, § 1, article 5, paragraph 2 and article 12 of the law of December 15, 2011 transposing Directive 2007/2/EC of the European Parliament and of the Council of 14 March 2007 establishing an infrastructure for spatial information in the European Community (INSPIRE) 1. Altitude digital models for the elevation of land, ice and ocean surfaces. Includes terrestrial elevation, bathymetry and shoreline.
2 occupation of land cover physical and biological of the Earth's surface including artificial surfaces, agricultural areas, forests, (semi) - natural, wetlands and water bodies.
3 Ortho-imagery Images georeferenced to the Earth's surface, from satellite or airborne sensors.
4 geology geology characterised according to composition and structure. Includes bedrock, aquifers and geomorphology.
Annex III geographic data Themes referred to in article 4, § 1, article 5, paragraph 2 and article 12 of the law of December 15, 2011 transposing Directive 2007/2/EC of the European Parliament and of the Council of 14 March 2007 establishing an infrastructure for spatial information in the European Community (INSPIRE) 1. Statistical units for dissemination or use of other statistical information.
2. buildings geographical location of buildings.
3 soil 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.
4 use of land territory characterised according to its planned functional dimension or socio-economic purpose current and future (e.g. residential, industrial, commercial, agricultural, forestry, recreational).
5 health and safety of persons geographic distribution of dominant pathologies (allergies, cancers, respiratory diseases, etc.) directly related (pollution air, chemicals, depletion of the ozone layer, noise, etc.) or indirectly (food, genetically modified, etc.) to the quality of the environment and set of information relating to the effect on health (biomarkers, decline of fertility men (, epidemics) or well-being (fatigue, stress, etc.).
6. services of public utility and public services includes the public utility, such as sewers or networks and installations related to the management of waste, energy supply, water supply, as well as administrative and social services public, such as public administrations, civil protection sites, schools and hospitals.
7 facilities monitoring the location and operation of environmental monitoring facilities includes observation and measurement of emissions, of the State of environmental media and other parameters of the ecosystem (biodiversity, ecological conditions of vegetation, etc.) by public authorities or on their behalf.
8 places of production and industrial sites industrial production Sites, including installations covered by Directive 96/61/EC of 24 September 1996 Council and abstraction of water, mining and storage facilities on the prevention and integrated pollution.
9 agricultural & aquaculture equipment and agricultural production facilities (including irrigation systems, greenhouses and stables).
10 population distribution - demography geographical distribution of people, with the population characteristics and activity levels, aggregated by grid, region, administrative unit or other analytical unit.
11 areas management, restriction or regulation and reporting units areas managed, regulated or used for reporting at international, European, national, regional and local levels. Include landfills, the restricted areas around drinking water sources, areas vulnerable to nitrates, the channels regulated at sea or large inland waters, areas for the waste dump, areas subject to noise abatement, the subject of exploration and mining, river basin districts, permits the corresponding units used for reporting and coastal management areas.
12 areas of natural risk sensitive areas characterised according to natural hazards (all phenomena atmospheric, hydrologic, seismic, volcanic, as well as fires of wasteland that can, because of their situation, their severity and frequency, seriously harm society), such as floods, landslides and land subsidence, avalanches, forest fires, earthquakes and volcanic eruptions.
13 conditions atmospheric physical Conditions in the atmosphere. Includes spatial data based on measurements, on models or on a combination of the two, as well as the locations of measurement.
14. characteristic geographical weather Weather Conditions and their measurement: precipitation, temperature, evapotranspiration, speed and direction of the wind.
15. characteristic geographical Oceanographic physical Conditions of oceans (currents, salinity, wave heights, etc.).
16 regions maritimes physical Conditions of seas and saline water bodies divided into regions and sub-regions with common characteristics.
17 biogeographical regions areas with relatively homogeneous ecological conditions with common characteristics.
18. habitats and biotopes geographical areas with particular environmental characteristics - conditions, processes, structure, and (life support) functions - favour organisms that live there. Are included the terrestrial and aquatic areas distinguished by geographic, abiotic or biotic, features whether they are natural or semi-natural.
19 distribution of species geographical distribution of occurrence of animal and plant species aggregated by grid, region, administrative unit or other analytical unit.
20 sources of Energy Sources of energy including hydrocarbons, hydropower, bio-energy, solar energy, wind energy, etc., where appropriate accompanied by information relating to the depth / height of the source.
21 mineral resources mineral resources including metal ores, industrial minerals, etc., where appropriate accompanied by information on the depth / height of the resource.