Law Amending And Supplementing The Law On Access To Spatial Data

Original Language Title: Закон за изменение и допълнение на Закона за достъп до пространствени данни

Read the untranslated law here: http://parliament.bg/bg/laws/ID/15176/

Name of law Law amending and supplementing the law on access to spatial data Name of the Bill a bill amending and supplementing the law on access to spatial data date adopted 26/03/2015 number/year Official Gazette 26/2015 Decree No 54

On the grounds of art. 98, paragraph 4 of the Constitution of the Republic of Bulgaria

I DECLARE:

To be published in the Official Gazette the law amending and supplementing the law on access to spatial data, adopted by the HLIIÌ National Assembly on 26 March 2015.

Issued in Sofia on 2 April 2015.

The President of the Republic: Rosen Plevneliev

Stamped with the State seal.

Minister of Justice: Hristo Ivanov

LAW

amending and supplementing the law on access to spatial data (official SG. 19 of 2010; amend., SG. 66 by 2013 and by 98/2014)

§ 1. In art. 1 is hereby amended as follows: 1. In para. 2 the words "authorities or third parties under art. 4, al. 1 and 2 "shall be replaced by" persons under art. 4, al. 1 and 2 ".

2. in the Al. 3 paragraph 2 shall be replaced by the following:

"2. they act by or on behalf of a public authority body, after they are created or received by a public authority or body shall be managed or updated by that authority and falling within the scope of public functions or of third parties, whose array of spatial data and services are connected to the network of services under art. 14, para. 5; ".

§ 2. In art. 3 al. 1 shall be amended as follows:

(1) the law does not apply to: 1. working with paper documents related to the creation of the public records and arrays of spatial data in paper form;

2. array of spatial data held by or on behalf of the authority of local self-government and local administration, except where their collection or dissemination of which is provided for in law. "

§ 3. In art. 4 make the following amendments and supplements: 1. Paragraph 1 shall be amended as follows:

"(1) this law shall be applied by the public authorities, which, by virtue of the act together, create, maintain and distribute updated databases of spatial data in connection with the activities of these powers and provide public services associated with them."

2. Paragraph 4 is replaced by the following:

"(4) the public authorities under § 1, item 5, the letters" a "and" b "of the additional provisions are required to exchange the array of spatial data and services for such data, including on the basis of agreements where access to such data and services and Exchange and their use are necessary for the performance of their public functions, which may have an impact on the environment. The conditions for the Exchange, access and use, including agreements shall not contain restrictions likely to create practical obstacles at the point of use, to the exchange of arrays of spatial data and services for such data. "

3. a new paragraph. 5:

"(5) If a special law provides for the levying of charges for the exchange of Pará. 4, these charges must not restrict the exchange of data and their size should not exceed the minimum amount needed to ensure the necessary quality and supply of arrays of spatial data and services for such data, together with a reasonable income from investments, while at the same time, where applicable, respecting the self-financing obligations on public bodies providing arrays of spatial data and services for such data. Do not collect fees for arrays of spatial data and services for such data provided to the institutions and bodies of the European Union in compliance with the obligation of the Republic of Bulgaria to report in accordance with the legislation of the European Union in the field of the environment. "

4. The current paragraph. 5 it al. 6.

§ 4. In art. 10 the following modifications are made: idop″lneniâ

1. In paragraph 8. 2, after the word "support" the Union "and" shall be replaced by a comma, and then the word "updated" insert "and spread".

2. a para. 3:

"(3) the persons under art. 4, al. 1 and 2, whose array of spatial data and services are associated with a network of services under art. 14, para. 1, are required to provide under this Act created the national portal metadata for spatial data. "

§ 5. In art. 11 al. 1 shall be amended as follows:

(1) the metadata contain information on: 1. the keywords;

2. classifications;

3. quality indicators for arrays of spatial data;

4. validity of spatial data;

5. the conformity of spatial data with the rules contained in Regulation (EC) no 1089/2010 of 23 November 2010 implementing Directive 2007/2/EC of the European Parliament and of the Council on the interoperability of the arrays of spatial data and spatial data services (OB, L 323/11 of 8 December 2010) , hereinafter referred to as "Commission Regulation (EC) no 1089/2010 ';

6. limitations on public access and the reasons for these restrictions in accordance with art. 17;

7. conditions for access to and use of spatial data and services;

8. where such fees are provided for in a special law;

9. the persons under art. 4, al. 1 and 2, responsible for the creation, management, maintenance and distribution of spatial data datasets and services. "

§ 6. In art. 14 the following amendments and supplements: 1. Al. 1 in the text before point 1, the words "the following services" shall be replaced by the following "network services".

2. Al are created. 3, 4 and 5:


"(3) the Executive Agency" electronic communication networks and information systems "builds and manages the network of services under para. 1 arrays and related services from/to spatial data that are created and published metadata.

(4) the Executive Agency "electronic communication networks and information systems" provides the authorities the technical capability to connect their arrays of spatial data and services to a network of services.

(5) the Executive Agency "electronic communication networks and information systems" provides technical opportunity of third parties, upon request, to connect their arrays of spatial data and services to a network of services, if the arrays and services comply with the rules contained in Regulation (EC) No 976/2009 of 19 October 2009 implementing Directive 2007/2/EC of the European Parliament and of the Council as regards the network services (OB , L 274/9 of 20 October 2009), hereinafter referred to as "Commission Regulation (EC) No 976/2009, Regulation (EC) no 1089/2010 and Commission Regulation (EC) no 1205/2008 of 3 December 2008 implementing Directive 2007/2/EC of the European Parliament and of the Council as regards metadata."

§ 7. Article 15 shall be amended as follows:

"Art. 15. (1) the services referred to in art. 14, para. 1 are publicly accessible and easy to use. The services take into account relevant user requirements, if their performance is technically possible.

(2) Services for the spatial data under art. 14, para. 1, item 1 are free and under art. 14, para. 1, item 2-6 are free, unless a special law provided otherwise.

(3) For services under art. 14, para. 1, item 2 may provide for fees, when they provide the maintenance of arrays of spatial data or services to such data, including in the case of very large amounts of data that require frequent updating.

(4) the persons under art. 4, al. 1 are obliged to provide services under art. 14, para. 1, 2, 3 or 5 and through e-commerce, in cases where charges are laid down for them. Services provided via e-commerce may be the subject of an agreement for exemption from responsibility under Chapter IV of the law on electronic commerce, as well as the authorization for use of the service. "

§ 8. In art. 16 is hereby amended as follows: 1. In para. 1 item 4 shall be amended as follows:

"4. the degree of compliance with the rules contained in Regulation (EC) no 1089/2010;".

2. in the Al. 2 the words "the implementing rules provided for in the acts of the European Union, introduced by this law, laying down the technical requirements for interoperability of spatial data and services" shall be replaced by "the rules contained in Regulation (EC) no 1089/2010".

§ 9. In art. 17 the following amendments and supplements: 1. Paragraph 1 shall be amended as follows:

(1) the persons under art. 4, al. 1 and 2 may limit public access to spatial data array and such data services through the services referred to in art. 14, para. 1, item 1, by way of exception, only if such access would have adverse impact on international relations, public security or national defence. "

2. in the Al. 2:

(a)) in the text before paragraph 1, after the words "art. 4, al. 1 and 2, the comma is deleted and added "as an exception", and the word "when" is replaced by "only if";

b) in point 1 the words "authorities" shall be replaced by "public authorities";

in) in paragraph 2 the words ' national security or public order "are replaced by" public security or national defence; "

d) in paragraph 4, after the word "law" is added "or an act of the European Union in order to protect a legitimate economic interest, including the public interest in relation to the preservation of statistical or tax secrecy".

§ 10. In art. 18, al. 2 the words "the right of the European Union in this area ' shall be replaced by" the rules contained in Regulation (EC) no 1089/2010 ".

§ 11. In art. 20, para. 3, item 1 the words "suppliers" shall be replaced by "persons under art. 4, al. 1 and 2, "and after the words" such data "is added" and intermediary bodies '.

§ 12. In art. 22 the following amendments and supplements: 1. Al. 1, item 1, after the word "unimpeded" is added "without limitation" and after the word "features" a comma and add "that may have an impact on the environment, including on the basis of signed agreements for Exchange".

2. in the Al. 3, paragraph 2, the words "national security, public order" are replaced by "public security, national defence".

§ 13. In art. 24, para. 4 create item 3 and 4:

3. coordinate the participation of the persons under art. 4, al. 1 and 2, users and providers of value added services:

and the definition of relevant) arrays of spatial data;

(b) the determination of consumer needs);

c) provision of information on existing practices and

d) compilation of information required for the preparation of the reports referred to in art. 20, para. 2-4;

4. Approves the functionalities and the standards to be met by the national spatial data portal at all stages in the establishment, management, maintenance and development. "

§ 14. In § 1 of the additional provisions are made the following amendments and supplements: 1. In paragraph 1, the words "the authority" shall be replaced by "public authorities".

2. In item 5:

(a)) in the text before paragraph (a), the words "the authority" shall be replaced by "public authorities";

(b)) (a) after the words "the authority of the Executive branch or the local self-government" is added "If the collection or dissemination of spatial data is provided for by law";

c) in point (b), after the word "implement" add "administrative";


(d)) in (c), after the words "legal person" the comma is deleted and added "with public powers or functions or".

3. In paragraph 8, the words "authorities" shall be replaced by "public authorities".

4. In paragraph 10, the words "the authority" shall be replaced by "public authorities".

5. Create is that 16 and 17:

"16." value added service "is a service provided in accordance with the requirements of the user, in which the presentation of the content is different from the definitions in Regulation (EC) No 976/2009.

17. "Web services" are services associated with the array and services from/to spatial data that are created and published metadata – network services, and represent an integrated environment, accessible via the Internet or through appropriate electronic communications networks.

§ 15. In annex 1 to the art. 1, al. 3, item 3, art. 9 and art. 10, para. 1 item 3 shall be replaced by the following:

3. geographical names

Names of areas, regions, localities, cities, suburbs, towns or settlements, or geographical or topographical feature of public or historical interest. "

§ 16. In annex 2 to the art. 1, al. 3, item 3 and art. 10, para. 1. in point 1 "Relief" after the word "Earth" is a comma and add "marine", and the words "as well as the topography of the seabed" shall be deleted.

§ 17. In annex 3 to the art. 1, al. 3, item 3 and art. 10, para. 1 make the following amendments and additions:

1. In paragraph 7, the words "the authorities" shall be replaced by "public authorities".

2. a new item 15:

"15. Oceanographic geographical features

Physical condition of oceans (currents, salinity, wave heights, etc.). "

3. The former item 15, 16, 17, 18, 19 and 20 shall become item 16, 17, 18, 19, 20 and 21.

The law was passed by the National Assembly 43-26 March 2015 and is stamped with the official seal of the National Assembly.

President of the National Assembly Tsetska Tsacheva:

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