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

30.3.2010 EN Official Journal of the European Union L 83/8
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
THE EUROPEAN COMMISSION
,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to 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), and in particular Article 17(8) thereof,
Whereas:
(1) Directive 2007/2/EC requires Member States to provide the institutions and bodies of the Community with access to spatial data sets and services in accordance with harmonised conditions.
(2) In order to ensure a coherent approach to the provision of access to spatial data sets and services this Regulation should define a minimum set of conditions to be respected.
(3) Directive 2007/2/EC allows for exceptions from data sharing according to Article 17(7). However, even where Member States apply those exceptions, they should be free to state measures, such as security measures, that the Community institutions and bodies have to take in order to still be allowed to get access to these data sets and services.
(4) Any agreement, including licence agreements, contracts and exchanges of e-mails or any other arrangement on access by the Community institutions and bodies to spatial data sets and services of the Member States and their public authorities under this Regulation, should use the terminology defined in Article 3 of the Directive 2007/2/EC.
(5) In order to fulfil their public tasks and contribute to the implementation of the European policies related to the environment the Community institutions and bodies should be able to make spatial data sets and services available to contractors working on their behalf.
(6) As a general requirement arrangements should comply with this Regulation from eighteen months after its entry into force. However, since previously established arrangements may still be in force a transitional provision is needed. Therefore arrangements in place at the entry into force of this Regulation have to be brought in compliance with this Regulation as from renewal or expiry of those arrangements, but not later than three years after the entry into force of this Regulation.
(7) The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 22 of Directive 2007/2/EC,