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)
Date: 2007-03-14
Institutions: Council of the European Union, European Parliament
Subjects: EU environmental policy, Internet, access to information, disclosure of information, exchange of information, geographical information system, information network, information system, trans-European network, transmission network

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I

(Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory)

DIRECTIVES

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)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

Having regard to the Treaty establishing the European Commu-
nity, and in particular Article 175(1) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and
Social Committee (1),

After consulting the Committee of the Regions,

Acting in accordance with the procedure laid down in Article 251
of the Treaty,
in the light of the joint text approved by the
Conciliation Committee on 17 January 2007 (2),

Whereas:

(1) Community policy on the environment must aim at a high
level of protection taking into account the diversity of
the Community.
situations in the various regions of
Moreover,
is
information,
needed for the formulation and implementation of this
policy and other Community policies, which must integrate
environmental protection requirements in accordance with
In order to bring about such
Article 6 of the Treaty.

including spatial

information,

(1) OJ C 221, 8.9.2005, p. 33.
(2) Opinion of the European Parliament of 7 June 2005 (OJ C 124 E,
25.5.2006, p. 116), Council Common Position of 23 January 2006
(OJ C 126 E, 30.5.2006, p. 16) and Position of the European
Parliament of 13 June 2006 (not yet published in the Official
Journal). Decision of the Council of 29 January 2007 and legislative
resolution of the European Parliament of 13 February 2007 (not yet
published in the Official Journal).

(2)

(3)

(4)

(5)

it

integration,
coordination between the users and providers of
information so that
different sectors can be combined.

is necessary to establish a measure of
the
information and knowledge from

The Sixth Environment Action Programme adopted by
Decision No 1600/2002/EC of the European Parliament
the Council of 22 July 2002 (3) requires full
and of
consideration to be given to ensuring that the Community's
environmental policy-making is undertaken in an in-
regional and local
tegrated way,
differences. A number of problems exist regarding the
availability, quality, organisation, accessibility and sharing
of spatial
information needed in order to achieve the
objectives set out in that programme.

taking into account

The problems regarding the availability, quality, organisa-
tion, accessibility and sharing of spatial
information are
common to a large number of policy and information
themes and are experienced across the various levels of
public authority. Solving these problems requires measures
that
and use of
interoperable spatial data and spatial data services across
the various levels of public authority and across different
sectors. An infrastructure for spatial
information in the
Community should therefore be established.

exchange,

sharing,

address

access

The Infrastructure for Spatial Information in the European
Community (Inspire)
should assist policy-making in
relation to policies and activities that may have a direct
or indirect impact on the environment.

Inspire should be based on the infrastructures for spatial
information that are created by the Member States and that
are made compatible with common implementing rules
and are supplemented with measures at Community level.
These measures should ensure that the infrastructures for
spatial
information created by the Member States are
compatible and usable in a Community and transboundary
context.

(3) OJ L 242, 10.9.2002, p. 1.

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(6)

(7)

(8)

The infrastructures for spatial information in the Member
States should be designed to ensure that spatial data are
stored, made available and maintained at
the most
appropriate level; that it is possible to combine spatial
data from different sources across the Community in a
consistent way and share them between several users and
applications; that it is possible for spatial data collected at
one level of public authority to be shared between other
public authorities; that spatial data are made available under
conditions which do not unduly restrict their extensive use;
that it is easy to discover available spatial data, to evaluate
their suitability for the purpose and to know the conditions
applicable to their use.

integrated pollution prevention and control (IPPC) (4) and
Regulation (EC) No 2152/2003 of the European Parliament
and of the Council of 17 November 2003 concerning
monitoring of forests and environmental interactions in the
Community (Forest focus) (5), in the framework of Com-
munity funded programmes (for example Corine land
cover, European Transport Policy Information System) or
may emanate from initiatives taken at national or regional
level. This Directive will not only complement
such
initiatives by providing a framework that will enable them
to become interoperable, but it will also build upon existing
experience and initiatives rather than duplicate the work
that has already been done.

There is a degree of overlap between the spatial information
covered by this Directive and the information covered by
Directive 2003/4/EC of the European Parliament and of
the Council of 28 January 2003 on public access to
information (1). This Directive should be
environmental
without prejudice to Directive 2003/4/EC.

(12) This Directive should apply to spatial data held by or on
behalf of public authorities and to the use of spatial data by
public authorities in the performance of their public tasks.
Subject to certain conditions, however, it should also apply
to spatial data held by natural or legal persons other than
public authorities, provided that those natural or legal
persons request this.

This Directive should be without prejudice to Directive
2003/98/EC of the European Parliament and of the Council
of 17 November 2003 on the re-use of public sector
information (2), the objectives of which are complementary
to those of this Directive.

(13) This Directive should not

the
collection of new data, or for reporting such information
to the Commission, since those matters are regulated by
other legislation related to the environment.

requirements

for

set

(9)

This directive should not affect the existence or ownership
of public authorities' intellectual property rights.

(10) The establishment of

initiatives

INSPIRE will represent significant
added value for — and will also benefit from — other
Community
such as Council Regulation
(EC) No 876/2002 of 21 May 2002 setting up the Galileo
Joint Undertaking (3) and the Communication from the
Commission to the European Parliament and the Council
‘Global Monitoring for Environment and Security (GMES):
Establishing a GMES capacity by 2008 — (Action Plan
(2004 to 2008))’. Member States should consider using the
data and services resulting from Galileo and GMES as they
become available, in particular those related to the time and
space references from Galileo.

(14) The implementation of the national infrastructures should
be progressive and, accordingly, the spatial data themes
covered by this Directive should be accorded different levels
of priority. The implementation should take account of the
extent to which spatial data are needed for a wide range of
applications in various policy areas, of
the priority of
actions provided for under Community policies that need
harmonised spatial data and of the progress already made
by the harmonisation efforts undertaken in the Member
States.

(15) The loss of time and resources in searching for existing
spatial data or establishing whether they may be used for a
particular purpose is a key obstacle to the full exploitation
the data available. Member States should therefore
of
provide descriptions of available spatial data sets and
services in the form of metadata.

(11) Many initiatives are taken at national and Community level
to collect, harmonise or organise the dissemination or use
of spatial information. Such initiatives may be established
by Community legislation, such as Commission Decision
2000/479/EC of 17 July 2000 on the implementation of a
European pollutant emission register (EPER) according to
Article 15 of Council Directive 96/61/EC concerning

(1) OJ L 41, 14.2.2003, p. 26.
(2) OJ L 345, 31.12.2003, p. 90.
(3) OJ L 138, 28.5.2002, p. 1.

(16) Since the wide diversity of formats and structures in which
spatial data are organised and accessed in the Community
hampers the efficient formulation, implementation, mon-
itoring and evaluation of Community legislation that
directly or indirectly affect the environment, implementing

(4) OJ L 192, 28.7.2000, p. 36.
(5) OJ L 324, 11.12.2003, p. 1. Regulation as amended by Regulation

(EC) No 788/2004 (OJ L 138, 30.4.2004, p. 17).

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measures should be provided for in order to facilitate the
use of spatial data from different sources across the Member
States. Those measures should be designed to make the
spatial data sets interoperable, and Member States should
ensure that any data or
the
purposes of achieving interoperability are available on
conditions that do not restrict their use for that purpose.
Implementing rules should be based, where possible, on
international standards and should not result in excessive
costs for Member States.

information needed for

(22) Public authorities need to have smooth access to relevant
spatial data sets and services during the execution of their
public tasks. Such access can be hindered if it depends on
individual ad hoc negotiations between public authorities
every time access is required. Member States should take the
necessary measures to prevent such practical obstacles to
the sharing of data, using for example prior agreements
between public authorities.

(17) Network services are necessary for sharing spatial data
between the various levels of public authority in the
Community. Those network services
should make it
possible to discover, transform, view and download spatial
data and to invoke spatial data and e-commerce services.
The services of the network should work in accordance
with commonly agreed specifications and minimum
performance criteria in order to ensure the interoperability
of the infrastructures established by the Member States. The
network of services should also include the technical
possibility to enable public authorities to make their spatial
data sets and services available.

(23) Where a public authority supplies another public authority
in the same Member State with spatial data sets and services
required for the fulfilment of reporting obligations under
Community legislation relating to the environment, the
Member State concerned should be free to decide that those
spatial data sets and services shall not be subject to any
charging. The mechanisms for sharing spatial data sets and
services between government and other public administra-
tions and natural or legal persons performing public
administrative functions under national
law should take
into account the need to protect the financial viability of
public authorities, in particular those that have a duty to
raise revenue. In any event, any charges applied should not
exceed the cost of collection, production, reproduction and
dissemination together with a reasonable return on
investment.

(18) Certain spatial data sets and services relevant to Com-
munity policies
the
that directly or
environment are held and operated by third parties.
Member States should therefore offer third parties the
possibility of contributing to the national infrastructures,
provided that the cohesion and ease of use of the spatial
data and spatial data services covered by those infrastruc-
tures is thereby not impaired.

indirectly affect

compliance with the principles

(24) The provision of network services should be carried out in
full
relating to the
protection of personal data in accordance with Directive
95/46/EC of the European Parliament and of the Council of
24 October 1995 on the protection of individuals with
regard to the processing of personal data and on the free
movement of such data (1).

the

(19) Experience in the Member States has shown that it is
implementation of an
successful
for
important,
infrastructure for spatial
that a minimum
number of services be made available to the public free of
charge. Member States should therefore make available, as a
minimum and free of charge, the services for discovering
and, subject to certain specific conditions, viewing spatial
data sets.

information,

(20)

the

to assist

integration of

In order
the national
infrastructures into Inspire, Member States should provide
access to their infrastructures through a Community geo-
portal operated by the Commission, as well as through any
access points they themselves decide to operate.

(25) Frameworks for the sharing of spatial data between public
authorities upon whom the Directive imposes a duty to
share should be neutral in respect of such public authorities
within a Member State, but also in respect of such public
authorities in other Member States and of the Community
institutions. Since the Community institutions and bodies
frequently need to integrate and assess spatial information
from all the Member States, they should be able to gain
access to and use spatial data and spatial data services in
accordance with harmonised conditions.

(26) With a view to stimulating the development of added-value
services by third parties, for the benefit of both public
authorities and the public, it is necessary to facilitate access
to spatial data that extend over administrative or national
borders.

(21)

In order to make information from various levels of public
authority available, Member States should remove the
practical obstacles faced in that regard by public authorities
at national, regional and local level when performing their
public tasks that may have a direct or indirect impact on the
environment.

(27) The effective implementation of infrastructures for spatial
information requires coordination by all those with an
interest
such infrastructures,
whether as contributors or users. Appropriate coordination

in the establishment of

(1) OJ L 281, 23.11.1995, p. 31. Directive as amended by Regulation

(EC) No 1882/2003 (OJ L 284, 31.10.2003, p. 1).

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structures which extend to the various levels of government
and take account of
the distribution of powers and
responsibilities within the Member States should therefore
be established.

designed to supplement this Directive by the addition of
new non-essential elements, they should be adopted in
accordance with the regulatory procedure with scrutiny
provided for in Article 5a of Decision 1999/468/EC.

(28)

In order to benefit from the state of the art and actual
experience of information infrastructures, it is appropriate
that the measures necessary for the implementation of this
Directive should be supported by international standards
and standards adopted by European standardisation bodies
in accordance with the procedure laid down in Directive
98/34/EC of the European Parliament and of the Council of
22 June 1998 laying down a procedure for the provision of
information in the field of
standards and
regulations (1).

technical

(29) Since the European Environment Agency set up by Council
Regulation (EEC) No 1210/90 of 7 May 1990 on the
establishment of the European Environment Agency and
the European Environment Information and Observation
Network (2) has the task of providing the Community with
objective, reliable and comparable environmental informa-
tion at Community level, and aims inter alia to improve the
flow of policy-relevant environmental information between
Member States and the Community institutions, it should
contribute actively to the implementation of this Directive.

(30)

In accordance with point 34 of
the Interinstitutional
Agreement on better law-making (3), Member States are
encouraged to draw up, for themselves and in the interests
of the Community, their own tables illustrating, as far as
possible, the correlation between this Directive and the
transposition measures, and to make them public.

(34) Preparatory work for decisions concerning the implemen-
tation of this Directive and for the future evolution of
Inspire requires continuous monitoring of the implementa-
tion of the Directive and regular reporting.

(35) Since the objective of this Directive, namely the establish-
ment of Inspire, cannot be sufficiently achieved by the
Member States because of the transnational aspects and the
general need within the Community to coordinate the
conditions of access to, exchange and sharing of spatial
information, and can therefore be better achieved at
Community level, the Community may adopt measures,
in accordance with the principle of subsidiarity as set out in
Article 5 of the Treaty. In accordance with the principle of
proportionality, as set out in that Article, this Directive does
not go beyond what is necessary in order to achieve this
objective,

HAVE ADOPTED THIS DIRECTIVE:

CHAPTER I

GENERAL PROVISIONS

Article 1

(31) The measures necessary for the implementation of this
Directive should be adopted in accordance with Council
Decision 1999/468/EC of 28 June 1999 laying down the
procedures
implementing powers
the exercise of
conferred on the Commission (4).

for

1. The purpose of this Directive is to lay down general rules
aimed at the establishment of
the Infrastructure for Spatial
Information in the European Community (hereinafter referred to
as Inspire),
for the purposes of Community environmental
policies and policies or activities which may have an impact on
the environment.

(32)

In particular, the Commission should be empowered to
adapt the description of the existing data themes referred to
in Annexes I, II and III. Since such measures are of general
scope and are designed to amend non-essential elements of
this Directive, they should be adopted in accordance with
the regulatory procedure with scrutiny provided for in
Article 5a of Decision 1999/468/EC.

(33) The Commission should also be empowered to adopt
implementing rules laying down technical arrangements for
the interoperability and harmonisation of spatial data sets
and services, rules governing the conditions concerning
access to such sets and services, as well as rules concerning
the technical specifications and obligations of network
services. Since such measures are of general scope and are

(1) OJ L 204, 21.7.1998, p. 37. Directive as last amended by the 2003

Act of Accession.

(2) OJ L 120, 11.5.1990, p. 1. Regulation as last amended by Regulation
(EC) No 1641/2003 of the European Parliament and of the Council
(OJ L 245, 29.9.2003, p. 1).
(3) OJ C 321, 31.12.2003, p. 1.
(4) OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision

2006/512/EC (OJ L 200, 22.7.2006, p. 11).

Inspire shall build upon infrastructures for spatial informa-

2.
tion established and operated by the Member States.

Article 2

1. This Directive is without prejudice to Directives 2003/4/EC
and 2003/98/EC.

2. This Directive does not affect the existence or ownership of
public authorities' intellectual property rights.

Article 3

For the purposes of this Directive, the following definitions shall
apply:

1.

‘infrastructure for spatial
information’ means metadata,
spatial data sets and spatial data services; network services
and technologies; agreements on sharing, access and use;

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2.

3.

4.

5.

6.

7.

and coordination and monitoring mechanisms, processes
and procedures, established, operated or made available in
accordance with this Directive;

‘spatial data’ means any data with a direct or indirect
reference to a specific location or geographical area;

‘spatial data set’ means an identifiable collection of spatial
data;

‘spatial data services’ means the operations which may be
performed, by invoking a computer application, on the
spatial data contained in spatial data sets or on the related
metadata;

‘spatial object’ means an abstract representation of a real-
world phenomenon related to a specific location or
geographical area;

Article 4

1. This Directive shall cover spatial data sets which fulfil the
following conditions:

(a)

they relate to an area where a Member State has and/or
exercises jurisdictional rights;

(b)

they are in electronic format;

(c)

they are held by or on behalf of any of the following:

(i)

a public authority, having been produced or received
by a public authority, or being managed or updated by
that authority and falling within the scope of its public
tasks;

‘metadata’ means information describing spatial data sets
and spatial data services and making it possible to discover,
inventory and use them;

(ii)

a third party to whom the network has been made
available in accordance with Article 12;

‘interoperability’ means the possibility for spatial data sets
to be combined, and for services to interact, without
repetitive manual intervention, in such a way that the result
is coherent and the added value of the data sets and services
is enhanced;

8.

‘Inspire geo-portal’ means an Internet site, or equivalent,
providing access to the services referred to in Article 11(1);

9.

‘public authority’ means:

(d)

they relate to one or more of the themes listed in Annex I, II
or III.

In cases where multiple identical copies of the same spatial
2.
data set are held by or on behalf of various public authorities, this
Directive shall apply only to the reference version from which the
various copies are derived.

3. This Directive shall also cover the spatial data services
relating to the data contained in the spatial data sets referred to
in paragraph 1.

any government or other public administration,
including public advisory bodies, at national, regional
or local level;

4. This Directive does not require collection of new spatial
data.

any natural or
legal person performing public
administrative functions under national law, including
specific duties, activities or services in relation to the
environment; and

any natural or legal person having public responsi-
bilities or functions, or providing public services
relating to the environment under the control of a
body or person falling within (a) or (b).

Member States may provide that when bodies or institu-
tions are acting in a judicial or legislative capacity, they are
not to be regarded as a public authority for the purposes of
this Directive;

10.

‘third party’ means any natural or legal person other than a
public authority.

5.
In the case of spatial data sets which comply with the
condition set out in paragraph 1(c), but in respect of which a
third party holds intellectual property rights, the public authority
may take action under this Directive only with the consent of
that third party.

6. By way of derogation from paragraph 1, this Directive shall
cover spatial data sets held by or on behalf of a public authority
operating at the lowest level of government within a Member
State only if the Member State has laws or regulations requiring
their collection or dissemination.

7. The description of the existing data themes referred to in
Annexes I, II and III may be adapted in accordance with the
regulatory procedure with scrutiny referred to in Article 22(3), in
order to take into account the evolving needs for spatial data in
support of Community policies that affect the environment.

(a)

(b)

(c)

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CHAPTER II

METADATA

Article 5

1. Member States shall ensure that metadata are created for the
spatial data sets and services corresponding to the themes listed
II and III, and that those metadata are kept
in Annexes I,
up to date.

2. Metadata shall include information on the following:

(a)

the conformity of spatial data sets with the implementing
rules provided for in Article 7(1);

(b)

conditions applying to access to, and use of, spatial data
sets and services and, where applicable, corresponding fees;

(c)

the quality and validity of spatial data sets;

(d)

the public authorities responsible for the establishment,
management, maintenance and distribution of spatial data
sets and services;

(e)

limitations on public access and the reasons for such
limitations, in accordance with Article 13.

3. Member States shall take the necessary measures to ensure
that metadata are complete and of a quality sufficient to fulfil the
purpose set out in point (6) of Article 3.

4. Rules for the implementation of this Article shall be adopted
by 15 May 2008 in accordance with the regulatory procedure
referred to in Article 22(2). These rules shall take account of
relevant, existing international standards and user requirements,
in particular with relation to validation metadata.

Article 6

Member States shall create the metadata referred to in Article 5
in accordance with the following timetable:

not later than two years after the date of adoption of
implementing rules in accordance with Article 5(4) in the
case of the spatial data sets corresponding to the themes
listed in Annexes I and II;

(a)

(b)

CHAPTER III

INTEROPERABILITY OF SPATIAL DATA SETS AND SERVICES

Article 7

1.
Implementing rules laying down technical arrangements for
the interoperability and, where practicable, harmonisation of
spatial data sets and services, designed to amend non-essential
elements of this Directive by supplementing it, shall be adopted
in accordance with the regulatory procedure with scrutiny
referred to in Article 22(3). Relevant user requirements, existing
initiatives and international standards for the harmonisation of
spatial data
feasibility and cost-benefit
as
considerations shall be taken into account in the development
the implementing rules. Where organisations established
of
under international
law have adopted relevant standards to
ensure interoperability or harmonisation of spatial data sets and
services, these standards shall be integrated, and the existing
technical means shall be referred to,
in the
implementing rules mentioned in this paragraph.

if appropriate,

as well

sets,

2. As a basis for developing the implementing rules provided
for in paragraph 1, the Commission shall undertake analyses to
ensure that the rules are feasible and proportionate in terms of
their likely costs and benefits and shall share the results of such
analyses with the committee referred to in Article 22(1). Member
States shall, on request, provide the Commission with the
information necessary to enable it to undertake such analyses.

3. Member States shall ensure that all newly collected and
extensively restructured spatial data sets and the corresponding
spatial data services are available in conformity with the
implementing rules referred to in paragraph 1 within two years
of their adoption, and that other spatial data sets and services still
in use are available in conformity with the implementing rules
within seven years of their adoption. Spatial data sets shall be
made available in conformity with the implementing rules either
through the adaptation of existing spatial data sets or through
the transformation services referred to point (d) of Article 11(1).

4.
Implementing rules referred to in paragraph 1 shall cover
the definition and classification of spatial objects relevant to
spatial data sets related to the themes listed in Annex I, II or III
and the way in which those spatial data are geo-referenced.

not later than five years after the date of adoption of
implementing rules in accordance with Article 5(4) in the
case of the spatial data sets corresponding to the themes
listed in Annex III.

5. Representatives of Member States at national, regional and
local
level as well as other natural or legal persons with an
interest in the spatial data concerned by virtue of their role in the
infrastructure for spatial information, including users, producers,
added value service providers or any coordinating body shall be

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given the opportunity to participate in preparatory discussions
on the content of
the implementing rules referred to in
paragraph 1, prior to consideration by the Committee referred
to in Article 22(1).

with the implementing rules provided for in Article 7(1) is made
available to public authorities or third parties in accordance with
conditions that do not restrict its use for that purpose.

Article 8

1.
In the case of spatial data sets corresponding to one or more
of the themes listed in Annex I or II, the implementing rules
provided for in Article 7(1) shall meet the conditions laid down
in paragraphs 2, 3 and 4 of this Article.

2. The implementing rules shall address the following aspects
of spatial data:

(a)

a common framework for the unique identification of
spatial objects, to which identifiers under national systems
can be mapped in order to ensure interoperability between
them;

(b)

the relationship between spatial objects;

(c)

the key attributes and the corresponding multilingual
thesauri commonly required for policies which may have
an impact on the environment;

(d)

information on the temporal dimension of the data;

(e)

updates of the data.

shall be designed to ensure
3. The implementing rules
consistency between items of information which refer to the
same location or between items of information which refer to
the same object represented at different scales.

4. The implementing rules shall be designed to ensure that
information derived from different spatial data sets is comparable
as regards the aspects referred to in Article 7(4) and in
paragraph 2 of this Article.

In order to ensure that spatial data relating to a geographical
2.
feature, the location of which spans the frontier between two or
more Member States, are coherent, Member States shall, where
appropriate, decide by mutual consent on the depiction and
position of such common features.

CHAPTER IV

NETWORK SERVICES

Article 11

1. Member States shall establish and operate a network of the
following services for the spatial data sets and services for which
metadata have been created in accordance with this Directive:

(a)

(b)

discovery services making it possible to search for spatial
data sets and services on the basis of the content of the
corresponding metadata and to display the content of the
metadata;

view services making it possible, as a minimum, to display,
navigate, zoom in/out, pan, or overlay viewable spatial data
sets and to display legend information and any relevant
content of metadata;

(c)

download services, enabling copies of spatial data sets, or
parts of such sets, to be downloaded and, where practicable,
accessed directly;

(d)

transformation services, enabling spatial data sets to be
transformed with a view to achieving interoperability;

(e)

services allowing spatial data services to be invoked.

Article 9

The implementing rules provided for in Article 7(1) shall be
adopted in accordance with the following timetable:

Those services shall take into account relevant user requirements
and shall be easy to use, available to the public and accessible via
the Internet or any other appropriate means of telecommunica-
tion.

(a)

no later than 15 May 2009 in the case of the spatial data
sets corresponding to the themes listed in Annex I;

2.
For the purposes of the services referred to in point (a) of
paragraph 1, as a minimum the following combination of search
criteria shall be implemented:

(b)

no later than 15 May 2012 in the case of the spatial data
sets corresponding to the themes listed in Annex II or III.

(a)

keywords;

Article 10

(b)

classification of spatial data and services;

1. Member States shall ensure that any information, including
data, codes and technical classifications, needed for compliance

(c)

the quality and validity of spatial data sets;

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(d)

degree of conformity with the implementing rules provided
for in Article 7(1);

(e)

intellectual property rights;

(e)

geographical location;

(f)

conditions applying to the access to and use of spatial data
sets and services;

(g)

the public authorities responsible for the establishment,
management, maintenance and distribution of spatial data
sets and services.

3. The transformation services referred to in point
(d) of
paragraph 1 shall be combined with the other services referred to
in that paragraph in such a way as to enable all those services to
be operated in conformity with the implementing rules provided
for in Article 7(1).

Article 12

Member States shall ensure that public authorities are given the
technical possibility to link their spatial data sets and services to
the network referred to in Article 11(1). This service shall also be
made available upon request to third parties whose spatial data
sets and services comply with implementing rules laying down
obligations with regard,
to metadata, network
in particular,
services and interoperability.

Article 13

1. By way of derogation from Article 11(1), Member States
may limit public access to spatial data sets and services through
the services referred to in point (a) of Article 11(1) where such
access would adversely affect
international relations, public
security or national defence.

By way of derogation from Article 11(1), Member States may
limit public access to spatial data sets and services through the
services referred to in points (b) to (e) of Article 11(1), or to the
e-commerce services referred to in Article 14(3), where such
access would adversely affect any of the following:

(a)

the confidentiality of the proceedings of public authorities,
where such confidentiality is provided for by law;

(b)

international relations, public security or national defence;

(f)

(g)

the confidentiality of personal data and/or files relating to a
natural person where that person has not consented to the
disclosure of the information to the public, where such
confidentiality is provided for by national or Community
law;

the interests or protection of any person who supplied the
information requested on a voluntary basis without being
under, or capable of being put under, a legal obligation to
do so, unless that person has consented to the release of the
information concerned;

(h)

the protection of the environment to which such informa-
tion relates, such as the location of rare species.

for

limiting access, as provided for

in
2. The grounds
paragraph 1, shall be interpreted in a restrictive way, taking into
account for the particular case the public interest served by
providing this access. In every particular case, the public interest
served by disclosure shall be weighed against the interest served
by limiting or conditioning the access. Member States may not,
by virtue of points (a), (d), (f), (g) and (h) of paragraph 1, limit
access to information on emissions into the environment.

3. Within this framework, and for
the
application of point (f) of paragraph 1, Member States shall
ensure that the requirements of Directive 95/46/EC are complied
with.

the purposes of

Article 14

1. Member States shall ensure that the services referred to in
points (a) and (b) of Article 11(1) are available to the public free
of charge.

2. By way of derogation from paragraph 1, Member States may
allow a public authority supplying a service referred to in point
(b) of Article 11(1) to apply charges where such charges secure
the maintenance of spatial data sets and corresponding data
services, especially in cases involving very large volumes of
frequently updated data.

(c)

(d)

the course of justice, the ability of any person to receive a
fair trial or the ability of a public authority to conduct an
enquiry of a criminal or disciplinary nature;

3. Data made available through the view services referred to in
point (b) of Article 11(1) may be in a form preventing their re-
use for commercial purposes.

the confidentiality of commercial or industrial information,
where such confidentiality is provided for by national or
Community law to protect a legitimate economic interest,
in maintaining statistical
including the public interest
confidentiality and tax secrecy;

4. Where public authorities levy charges for
the services
referred to in points (b), (c) or (e) of Article 11(1), Member States
shall ensure that e-commerce services are available. Such services
may be covered by disclaimers, click-licences or, where necessary,
licences.

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Article 15

1. The Commission shall establish and operate an Inspire geo-
portal at Community level.

2. Member States shall provide access to the services referred to
in Article 11(1) through the Inspire geo-portal referred to in
paragraph 1. Member States may also provide access to those
services through their own access points.

Article 16

Rules for
implementation designed to amend non-essential
elements of this Chapter by supplementing it, shall be adopted in
accordance with the regulatory procedure with scrutiny referred
to in Article 22(3), and shall in particular lay down the following:

(a)

services,

technical specifications for
the services referred to in
Articles 11 and 12 and minimum performance criteria for
existing reporting
those
requirements and recommendations adopted within the
framework of Community environmental legislation, exist-
ing e-commerce services and technological progress;

taking account of

(b)

the obligations referred to in Article 12.

CHAPTER V

DATA-SHARING

Article 17

1.
Each Member State shall adopt measures for the sharing of
spatial data sets and services between its public authorities
referred to in point (9)(a) and (b) of Article 3. Those measures
shall enable those public authorities to gain access to spatial data
sets and services, and to exchange and use those sets and
services, for the purposes of public tasks that may have an
impact on the environment.

2. The measures provided for in paragraph 1 shall preclude any
restrictions likely to create practical obstacles, occurring at the
point of use, to the sharing of spatial data sets and services.

3. Member States may allow public authorities that supply
spatial data sets and services to license them to, and/or require
payment from, the public authorities or institutions and bodies
of the Community that use these spatial data sets and services.
Any such charges and licenses must be fully compatible with the
general aim of facilitating the sharing of spatial data sets and
services between public authorities. 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, where applicable. Spatial

data sets and services provided by Member States to Community
institutions and bodies
reporting
in order
obligations under Community legislation relating to the
environment shall not be subject to any charging.

to fulfil

their

4. The arrangements for the sharing of spatial data sets and
services provided for in paragraphs 1, 2 and 3 shall be open to
public authorities referred to in point (9)(a) and (b) of Article 3 of
other Member States and to the institutions and bodies of the
Community, for the purposes of public tasks that may have an
impact on the environment.

5. The arrangements for the sharing of spatial data sets and
services provided for in paragraphs 1, 2 and 3 shall be open, on a
reciprocal and equivalent basis,
to bodies established by
international agreements to which the Community and Member
States are parties, for the purposes of tasks that may have an
impact on the environment.

6. Where the arrangements for the sharing of spatial data sets
and services provided for in paragraphs 1, 2 and 3 are made
available in accordance with paragraphs 4 and 5,
these
arrangements may be accompanied by requirements under
national law conditioning their use.

7. 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.

8. Member States shall provide the institutions and bodies of
the Community with access to spatial data sets and services in
accordance with harmonised conditions.
Implementing rules
governing those conditions, designed to amend non-essential
elements of this Directive by supplementing it, shall be adopted
in accordance with the regulatory procedure with scrutiny
referred to in Article 22(3). These implementing rules shall fully
respect the principles set out in paragraphs 1 to 3.

CHAPTER VI

COORDINATION AND COMPLEMENTARY MEASURES

Article 18

Member States shall ensure that appropriate structures and
mechanisms are designated for coordinating, across the different
levels of government, the contributions of all those with an
interest in their infrastructures for spatial information.

These structures shall coordinate the contributions of, inter alia,
users, producers, added-value service providers and coordinating
bodies, concerning the identification of
relevant data sets,
user needs, the provision of information on existing practices
and the provision of feedback on the implementation of this
Directive.

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Article 19

Article 22

1. The Commission shall be responsible for coordinating
Inspire at Community level and shall be assisted for that purpose
by relevant organisations and,
in particular, by the European
Environment Agency.

Each Member State shall designate a contact point, usually a
2.
public authority,
to be responsible for contacts with the
Commission in relation to this Directive. This contact point will
be supported by a coordination structure, taking account of the
distribution of powers and responsibilities within the Member
State.

Article 20

The implementing rules referred to in this Directive shall take
due account of standards adopted by European standardisation
bodies
in accordance with the procedure laid down in
Directive 98/34/EC, as well as international standards.

CHAPTER VII

FINAL PROVISIONS

Article 21

1. Member States shall monitor the implementation and use of
their infrastructures for spatial information. They shall make the
results of this monitoring accessible to the Commission and to
the public on a permanent basis.

2. No later than 15 May 2010 Member States shall send to the
Commission a report including summary descriptions of:

(a)

(b)

(c)

how public sector providers and users of spatial data sets
and services and intermediary bodies are coordinated, and
of
the
the relationship with the third parties and of
organisation of quality assurance;

the contribution made by public authorities or third parties
to the functioning and coordination of the infrastructure
for spatial information;

information on the use of the infrastructure for spatial
information;

(d)

data-sharing agreements between public authorities;

(e)

the costs and benefits of implementing this Directive.

3.
Every three years, and starting no later than 15 May 2013,
Member States shall send to the Commission a report providing
updated information in relation to the items referred to in
paragraph 2.

4. Detailed rules for the implementation of this Article shall be
adopted in accordance with the regulatory procedure referred to
in Article 22(2).

1. The Commission shall be assisted by a Committee.

2. Where reference is made to this paragraph, Articles 5 and 7
of Decision 1999/468/EC shall apply, having regard to the
provisions of Article 8 thereof.

The period laid down in Article 5(6) of Decision 1999/468/EC
shall be set at three months.

3. Where reference is made to this paragraph, Article 5a(1) to
(4) and Article 7 of Decision 1999/468/EC shall apply, having
regard to the provisions of Article 8 thereof.

Article 23

By 15 May 2014 and every six years thereafter the Commission
shall present to the European Parliament and to the Council a
report on the implementation of this Directive based, inter alia,
on reports from Member States in accordance with Article 21(2)
and (3).

Where necessary, the report shall be accompanied by proposals
for Community action.

Article 24

1. Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this
Directive by 15 May 2009.

When Member States adopt these measures, they shall contain a
reference to this Directive or shall be accompanied by such
reference on the occasion of
their official publication. The
methods of making such reference shall be laid down by Member
States.

2. Member States shall communicate to the Commission the
text of the main provisions of national law which they adopt in
the field covered by this Directive.

Article 25

This Directive shall enter into force on the 20th day following its
publication in the Official Journal of the European Union.

This Directive is addressed to the Member States.

Article 26

Done at Strasbourg, 14 March 2007.

For the European Parliament

For the Council

The President

H.-G. PÖTTERING

The President

G. GLOSER

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ANNEX I

SPATIAL DATA THEMES REFERRED TO IN ARTICLES 6(A), 8(1) AND 9(A)

1.

Coordinate reference systems

Systems for uniquely referencing spatial 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 datum.

2.

Geographical grid systems

Harmonised multi-resolution grid with a common point of origin and standardised location and size of grid cells.

3.

Geographical names

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

4.

Administrative units

Units of administration, dividing areas where Member States have and/or exercise jurisdictional rights, for local,
regional and national governance, separated by administrative boundaries.

5.

Addresses

Location of properties based on address identifiers, usually by road name, house number, postal code.

6.

Cadastral parcels

Areas defined by cadastral registers or equivalent.

7.

Transport networks

Road, rail, air and water transport networks and related infrastructure. Includes links between different networks. Also
includes 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 (1) and future revisions of that Decision.

8.

Hydrography

Hydrographic elements, including marine areas and all other water bodies and items related to them, including river
basins and sub-basins. Where appropriate, according to the definitions set out in Directive 2000/60/EC of the
European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the
field of water policy (2) and in the form of networks.

9.

Protected sites

Area designated or managed within a framework of international, Community and Member States' legislation to
achieve specific conservation objectives.

(1) OJ L 228, 9.9.1996, p. 1. Decision as last amended by Council Regulation (EC) No 1791/2006 (OJ L 363, 20.12.2006, p. 1).
(2) OJ L 327, 22.12.2000, p. 1. Directive as amended by Decision No 2455/2001/EC (OJ L 331, 15.12.2001, p. 1).

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ANNEX II

SPATIAL DATA THEMES REFERRED TO IN ARTICLES 6(A), 8(1) AND 9(B)

1.

Elevation

Digital elevation models for land, ice and ocean surface. Includes terrestrial elevation, bathymetry and shoreline.

2.

Land cover

Physical and biological cover of the earth's surface including artificial surfaces, agricultural areas, forests, (semi-)natural
areas, wetlands, water bodies.

3.

Orthoimagery

Geo-referenced image data of the Earth's surface, from either satellite or airborne sensors.

4.

Geology

Geology characterised according to composition and structure. Includes bedrock, aquifers and geomorphology.

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ANNEX III

SPATIAL DATA THEMES REFERRED TO IN ARTICLES 6(B) AND 9(B)

1.

Statistical units

Units for dissemination or use of 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.

Land use

Territory characterised according to its current and future planned functional dimension or socio-economic purpose
(e.g. residential, industrial, commercial, agricultural, forestry, recreational).

5.

Human health and safety

Geographical distribution of dominance of pathologies (allergies, cancers, respiratory diseases, etc.), information
indicating the effect on health (biomarkers, decline of fertility, epidemics) or well-being of humans (fatigue, stress, etc.)
linked directly (air pollution, chemicals, depletion of
indirectly (food,
genetically modified organisms, etc.) to the quality of the environment.

the ozone layer, noise, etc.) or

6.

Utility and governmental services

Includes utility facilities such as sewage, waste management, energy supply and water supply, administrative and social
governmental services such as public administrations, civil protection sites, schools and hospitals.

7.

Environmental monitoring facilities

Location and operation of environmental monitoring facilities includes observation and measurement of emissions, of
the state of environmental media and of other ecosystem parameters (biodiversity, ecological conditions of vegetation,
etc.) by or on behalf of public authorities.

8.

Production and industrial facilities

Industrial production sites, including installations covered by Council Directive 96/61/EC of 24 September 1996
concerning integrated pollution prevention and control (1) and water abstraction facilities, mining, storage sites.

9.

Agricultural and aquaculture facilities

Farming equipment and production facilities (including irrigation systems, greenhouses and stables).

10.

Population distribution — demography

Geographical distribution of people, including population characteristics and activity levels, aggregated by grid, region,
administrative unit or other analytical unit.

11. Area management/restriction/regulation zones and reporting units

Areas managed, regulated or used for reporting at international, European, national, regional and local levels. Includes
dumping sites, restricted areas around drinking water sources, nitrate-vulnerable zones, regulated fairways at sea or
large inland waters, areas for the dumping of waste, noise restriction zones, prospecting and mining permit areas,
river basin districts, relevant reporting units and coastal zone management areas.

(1) OJ L 257, 10.10.1996, p. 26. Directive as last amended by Regulation (EC) No 166/2006 of the European Parliament and of the Council

(OJ L 33, 4.2.2006, p. 1).

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12. Natural risk zones

Vulnerable areas characterised according to natural hazards (all atmospheric, hydrologic, seismic, volcanic and wildfire
phenomena that, because of their location, severity, and frequency, have the potential to seriously affect society), e.g.
floods, landslides and subsidence, avalanches, forest fires, earthquakes, volcanic eruptions.

13. Atmospheric conditions

Physical conditions in the atmosphere. Includes spatial data based on measurements, on models or on a combination
thereof and includes measurement locations.

14. Meteorological geographical features

Weather conditions and their measurements; precipitation,
direction.

temperature, evapotranspiration, wind speed and

15. Oceanographic geographical features

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

16.

Sea regions

Physical conditions of seas and saline water bodies divided into regions and sub-regions with common characteristics.

17. Bio-geographical regions

Areas of relatively homogeneous ecological conditions with common characteristics.

18. Habitats and biotopes

Geographical areas characterised by specific ecological conditions, processes, structure, and (life support) functions
that physically support the organisms that live there.
Includes terrestrial and aquatic areas distinguished by
geographical, abiotic and biotic features, whether entirely natural or semi-natural.

19.

Species distribution

Geographical distribution of occurrence of animal and plant species aggregated by grid, region, administrative unit or
other analytical unit.

20.

Energy resources

Energy resources including hydrocarbons, hydropower, bio-energy, solar, wind, etc., where relevant including
depth/height information on the extent of the resource.

21. Mineral resources

Mineral resources including metal ores, industrial minerals, etc., where relevant including depth/height information on
the extent of the resource.