1 Laboratory on Geoinformatics and Cartography 8. DATA SHARING, USE LIMITATIONS AND OTHER LICENSING ISSUES, INFRASTRUCTURE MONITORING Laboratory on Geoinformatics and Cartography • “The INSPIRE directive should not affect the existence or ownership of public authorities' intellectual property rights.” (9) of the Directive • Access to spatial data sets and services in accordance with harmonised conditions – licence agreements (including click licences) – contracts – and exchanges of e-mails Primary aim Laboratory on Geoinformatics and Cartography • COMMISSION REGULATION (EU) No 268/2010 of 29 March 2010 implementing Directive 2007/2/EC of the European Parliament and of the Council as regards the access to spatial data sets and services of the Member States by Community institutions and bodies under harmonised conditions • http://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32010R0268&fro m=EN Access restrictions Laboratory on Geoinformatics and Cartography • Article 7 of the COMMISSION REGULATION (EU) No 268/2010: “Member States shall provide access to spatial data sets and services without delay and at the latest within 20 days after receipt of a written request, unless otherwise agreed by mutual agreement between the Member State and the institution or body of the Community.” Response times Is there anything strange from the Czech point of view? Laboratory on Geoinformatics and Cartography • “Each Member State shall adopt measures for the sharing of spatial data sets and services between its public authorities […]” • “Member States may allow public authorities that supply spatial data sets and services to license them to, and/or require payment […]” • “Where charges are made, these shall be kept to the minimum required to ensure the necessary quality and supply of spatial data sets and services together with a reasonable return on investment, while respecting the self-financing requirements of public authorities supplying spatial data sets and services […]” Basic principles (Article 17 of directive) Laboratory on Geoinformatics and Cartography • “Data sets and services provided by Member States to Community institutions and bodies in order to fulfil their reporting obligations under Community legislation relating to the environment shall not be subject to any charging.” • The arrangements for the sharing of spatial data sets and services […] shall be open to public authorities […] – May be established on the reciprocal and equivalent basis – May be accompanied by requirements under national law conditioning their use Basic principles (Article 17 of directive) 2 Laboratory on Geoinformatics and Cartography • “By way of derogation from this Article, Member States may limit sharing when this would compromise the course of justice, public security, national defence or international relations.” • Have you seen such rationale before? • “Member States shall provide the institutions and bodies of the Community with access to spatial data sets and services in accordance with harmonised conditions.” Basic principles (Article 17 of directive) Laboratory on Geoinformatics and Cartography • List of INSPIRE stakeholders – Subject of political consensus Consequences Image adopted from: http://www.ekantipur.com/ Laboratory on Geoinformatics and Cartography • Basic INSPIRE licence (in Czech only) – http://inspire.gov.cz/sites/default/files/documents/Basi c%20INSPIRE%20licence_CS.doc • Extended INSPIRE licence (in Czech only) – http://inspire.gov.cz/sites/default/files/documents/Spe cific%20INSPIRE%20licence_CS.doc Consequences Laboratory on Geoinformatics and Cartography • Which INSPIRE services were the most requested in 2013? 1. ČÚZK Katastrální mapy view service: 888 513 557 2. ČÚZK ortofoto view service: 184 901 686 3. ČÚZK ZABAGED® view service: 47 231 851 4. ČÚZK RÚIAN Download service: 11 774 275 5. Útvar rozvoje hl.m. Prahy View service: 5 772 110 • How do I know? – INSPIRE monitoring Usage of INSPIRE Laboratory on Geoinformatics and Cartography • http://inspire.ec.europa.eu/index.cfm/pageid/182 State of Play in EU and EFTA Member countries Laboratory on Geoinformatics and Cartography • The INSPIRE legislation and technical guidelines are written • INSPIRE is a process → updates, improvements, progress – Corrigenda to the Regulations and Decisions – New versions of the technical guidelines INSPIRE Maintenance and Implementation Image adopted from: http://ginalazenby.wordpress.com 3 Laboratory on Geoinformatics and Cartography 15-May-2010 Implementationof provisions for monitoring and reporting 03-Dec-2010 Metadata available for spatial data sets and services corresponding to Annex I and II 09-May-2011 Member States shall provide the Discovery and View Services with initial operating capability 30-Jun-2011 The EC establishes and runs a geo-portal at Community level 19-Oct-2011 Implementationof Regulation as regards the access to spatial data sets and services of the Member States by Community institutions and bodies under harmonised conditions for new arrangements 09-Nov-2011 Discovery and view services operational 28-Jun-2012 Member States shall provide the Download Services with initial operating capability 28-Jun-2012 Member States shall provide the TransformationServices with initial operating capability 23-Nov-2012 Implementationof Commission Regulation (EU) No 1089/2010of 23 November 2010 implementing Directive 2007/2/EC of the European Parliament and of the Council as regards interoperability of spatial data sets and services for Newly collectedand extensively restructured Annex I spatial data sets available 28-Dec-2012 Download services operational 28-Dec-2012 Transformation services operational 04-Feb-2013 Implementationof Commission Regulation (EU) No 102/2011 of 4 February 2011 amending Regulation (EU) No 1089/2010implementing Directive 2007/2/EC of the European Parliament and of the Council as regards interoperability of spatial data sets and services for newly collectedand extensively restructuredAnnex I spatial data sets 19-Oct-2013 Implementationof Regulation as regards the access to spatial data sets and services of the Member States by Community institutions and bodies under harmonised conditions for existing arrangements 03-Dec-2013 Metadata available for spatial data sets and services corresponding to Annex III 21-Oct-2015 Newly collected and extensively restructured Annex II and III spatial data sets available 23-Nov-2017 Implementationof Commission Regulation (EU) No 1089/2010of 23 November 2010 implementing Directive 2007/2/EC of the European Parliament and of the Council as regards interoperability of spatial data sets and services for other Annex I spatial data sets still in use at the date of adoption 04-Feb-2018 Implementation of Commission Regulation (EU) No 102/2011 of 4 February 2011 amending Regulation (EU) No 1089/2010 implementing Directive 2007/2/EC of the European Parliament and of the Council as regards interoperability of spatial data sets and services for other Annex I spatial data sets still in use at the date of adoption 21-Oct-2020 Other Annex II and III spatial data sets available in accordancewith IRs for Annex II and III What and when to share and provide?