Implementation Act EC-Infrastructure Spatial Information Directive

Original Language Title: Implementatiewet EG-richtlijn infrastructuur ruimtelijke informatie

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Law of 2 July 2009 implementing Directive No 2007 /2/EC of the European Parliament and of the Council of the European Union of 14 March 2007 establishing an Infrastructure for Spatial Information in the Community (INSPIRE) (Implementation Law EC-Spatial Information Infrastructure Directive)

We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.

All of them, who will see or hear these, saluut! do know:

In this regard, we considered that it is necessary to implement the Directive No 2007 /2/EC of the European Parliament and of the Council of the European Union of 14 March 2007 establishing an Infrastructure for Spatial Information in the Community (INSPIRE) (PbEU L 108), rules to ensure the accessibility of spatial information, in particular with a view to the protection of the environment;

In this way, we, the Council of State, and with the mean consultations of the States-General, have been well-regarded and understood to be right and to be understood by the following:


§ 1. General provisions

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Article 1

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  • 1 The following shall be understood in this Act and the provisions which are based thereon:

    • Third party: natural or legal person who is not a governing body;

    • spatial data services: the processing of spatial data contained in spatial data sets or the processing of related metadata by means of a computer application;

    • EC directive on infrastructure and spatial information: Directive No 2007 /2/EC of the European Parliament and of the Council of the European Union of 14 March 2007 establishing an Infrastructure for Spatial Information in the Community (INSPIRE) (PbEU L 108);

    • interoperability: the possibility that, without recurring manual operations, spatial data sets are combined and that services operate in such a way that the result is coherent and the added value of the sets of data and to increase the level of services;

    • Metadata: information describing spatial data sets and services and enabling them to find, identify and use such data and services;

    • network: the network of spatial data sets and services, referred to in Article 11 (1) of the EC Directive on spatial data infrastructure;

    • Our Minister: Our Minister for Housing, Spatial Planning and the Environment;

    • spatial data: data referring directly or indirectly to a specific location or geographical area;

    • spatial data set: an identifiable spatial data set.

  • (2) In this law and the provisions based thereon, the governing body shall be understood to include an institution, service or business operating under the responsibility of an administrative body.


Article 2

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  • 1 This Act shall apply to a set of spatial data which:

    • a. relates to a part of the Netherlands territory or of the Netherlands exclusive economic zone;

    • b. is available in electronic form;

    • c.

      • 1. is retained by or on behalf of a governing body in the sense that the relevant set of spatial data has been produced or received or is being managed or updated by that administrative body and is within its public service remit, or

      • 2 °. is kept by or on behalf of a third party to which the network has been made available in accordance with Article 7 , and

    • d. refers to one or more of the thematic categories designated by a general measure of management.

  • 2 Where multiple identical copies of the same spatial data set are kept by or on behalf of several administrative bodies, this Act shall apply only to the reference version to which the various copies are - If a set of spatial data held by or on behalf of a governing body is part of a collection of spatial data included in a facility designated by Our Minister, this law is exclusively from application to the latter collection.

  • 3 This Act also applies to spatial data services which are part of a set of spatial data as referred to in the first paragraph.


Article 3

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By way of derogation from Article 2, first paragraph, introductory wording and part c, below 1 ° , is this law on a set of spatial data held by or on behalf of a municipality organ or a watership only applicable if such data are collected or distributed on the basis of an update or pursuant to an agency or Law given rule.


Article 4

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By way of derogation from Article 2, first paragraph, introductory wording and part c, below 1 ° , if a set of spatial data is kept by or on behalf of a governing body in respect of which a third party has intellectual property rights, this law on that set of spatial data only applies to to the extent that the third party has so agreed.


§ 2. Obligations governing bodies

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Article 5

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  • 1 A governing body, by or on behalf of which a collection of spatial data is kept, sets and updates metadata for this purpose and for the spatial data services.

  • 2 In the case of or under general management measure, categories of metadata subject to the obligation set out in paragraph 1 may be designated.

  • 3 In the case of, or under a general measure of management, rules may be laid down regarding the preparation and updating of metadata.


Article 6

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  • 1 A governing body, by or on behalf of which a collection of spatial data is kept, links to the network:

    • a. This collection of spatial data;

    • b. Spatial data services; and

    • c. the metadata related to that collection and services.

  • 2 In the case of, or under general management, rules may be laid down concerning the requirements for interoperability and harmonisation to which a set of spatial data and the spatial data services which are are linked to the network pursuant to the first paragraph, must comply with and the manner in which the coupling referred to in paragraph 1 is to be made.


§ 3. Third parties

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Article 7

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  • 1 Our Minister grants, at the request of a third party, consent to a collection of spatial data set by or on behalf of that third party, spatial data services, and the collection and services related to that associating metadata with the network.

  • 2 The consent shall be granted if the third party, in the opinion of our Minister, may comply with the requirements imposed by the Articles 5 and 6 apply to a governing body.

  • 3 To a third party to which consent has been granted, the Articles 5 and 6 applicable mutatis mutandis.

  • 4 The agreement shall be withdrawn:

    • a. at the request of the relevant third party;

    • b. if the relevant third party to the opinion of Our Minister fails to comply with the Articles 5 or 6 .

  • 5 In the case of ministerial arrangements, rules may be laid down as to arrangements for the establishment and presentation of a request referred to in paragraphs 1 and 4 (a), the information to be provided and the documents to be communicated.


§ 4. Access to spatial data sets and services

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Article 8

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Spatial data sets and services linked to the network shall be provided with access to spatial data through:

  • a. the Inspire-geoporlanguage, referred to in Article 15, first paragraph, of the EC Infrastructure Planning Directive; and

  • b. A national access point.


Article 9

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  • 1 In respect of the spatial data sets associated with the network, any use of the services referred to in Article 11 (1) of the EC Directive spatial information. These services concern:

    • a. Search services;

    • b. View services;

    • c. Download services;

    • d. processing services and

    • e. services allowing spatial data services to be called up.

  • 2 In the case of, or under general management, rules shall be laid down concerning the services referred to in paragraph 1. Those rules shall cover at least the criteria of search for the services referred to in paragraph 1 (a).


Article 10

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  • 1 In the case of, or under general management, rules are laid down on the exchange of spatial data sets and services, which may affect the environment, between Dutch and Administrative bodies, via the services provided for in Article 9 (1), first paragraph, points (b) to (e) . These rules cover at least the prevention of practical obstacles at the place of use in the exchange of collections and services.

  • 2 The rules on the exchange of spatial data sets and services as referred to in paragraph 1 shall apply mutatis mutandis to the exchange of spatial data sets; and spatial data services which may have an impact on the environment, between Dutch administrative bodies and administrative bodies of other Member States, between Dutch administrative bodies and institutions and bodies of the European Union Community, and between Dutch governing bodies and bodies set up by International agreements to which the Community and the Member States are parties, provided that the latter have reciprocal and equivalent spatial data sets and spatial data sets. opened up as the governing body of whose spatial data sets and services they wish to make use of.

  • 3 The conditions for access to spatial data sets and services relating to spatial data by the institutions and bodies of the European Community may be subject to additional rules.


Article 11

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By way of derogation from the provisions of Article 9 can access public access to spatial data sets and services through the services, intended in the first member of the that Article , and services, which allow for the electronic trading of those services, shall be limited by corresponding application of Article 10 of the Public Administration , except that on the services provided for in the First paragraph, subparagraph (a) of Article 9 , only the grounds within the meaning of Article 10, first paragraph, part b, second paragraph, part a, and seventh member, part b, of the governability of directors act apply mutatis mutandis.


Article 12

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  • 2 By way of derogation from the first paragraph, a governing body may apply to the Article 9, first paragraph, part b Those services shall, where necessary, be taken into account in order to ensure that the relevant spatial data sets and services are maintained.

  • 4 In the case of or under general management measures, detailed rules may be laid down for the implementation of the first to the third paragraph. These rules may also relate to a tariff system.


Article 13

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  • 1 If a governing body for the exchange of information, intended to be used in Article 10, first and second paragraphs , fees shall be charged, the same fees shall apply to Dutch administrative bodies, administrative bodies of other Member States, institutions and bodies of the European Communities, and bodies set up by international agreements to which the Community and the Member States are parties referred to in Article 10, second paragraph , and shall continue to limit those allowances to the amount at least necessary to ensure the necessary quality and availability of the data, plus a reasonable return on the investment and subject to, as far as possible, the the application, self-financing requirements of the relevant administrative body.

  • 2 The provision to institutions and bodies of the European Community of spatial data sets and services necessary for the fulfilment of their obligations in relation to the provision of information Reporting according to Community legislation on the environment shall be made free of charge.

  • 3 In the case of or under general management measures, detailed rules may be laid down for the implementation of the first paragraph.


§ 5. Coordination and implementation

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Article 14

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Our Minister is designated as a national contact point, as referred to in Article 19 (2) of the EC Directive on Infrastructure and Spatial Information.


Article 15

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  • 1 Our Minister is responsible for one or more of the bodies to be designated by him:

    • a. the management of the national access point to the network, specified in Article 8 (b) ;

    • (b) the establishment of the national part of the network.

  • 2 In the case of, or under general management, detailed rules may be laid down on the first paragraph.


§ 6. Final provisions

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Article 16

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This Law shall enter into force on a date to be determined by Royal Decree, which may be adopted in a different way for the various articles or parts of such articles.


Article 17

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This law is cited as: Implementation Act EC-Directive Infrastructure and Spatial Information.

Burdens and orders that it will be placed in the Official Gazette, and that all ministries, authorities, colleges and officials who so concern will keep their hands on the precise execution.

Entry

' s-Gravenhage, 2 July 2009

Beatrix

The Minister for Housing, Spatial Planning and the Environment,

J. M. Cramer

Published the 27th July 2009

The Minister of Justice,

E. M. H. Hirsch Ballin