Environmental Protection Citation and commencement 1 These Regulations may be cited as the INSPIRE (Scotland) Amendment Regulations 2012 and come into force on 23rd November 2012. Amendment of the INSPIRE (Scotland) Regulations 2009 2 The INSPIRE (Scotland) Regulations 2009 are amended in accordance with regulations 3 to 9. Amendment of regulation 2 3 In regulation 2 (interpretation), in paragraph (1), after the definition of “discovery service” insert— “ 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; . Amendment of regulation 7 4 In regulation 7 (metadata)— a in paragraph (2), after sub-paragraph (a) insert— aa (where the metadata relates to a spatial data set corresponding to the themes listed in Annex I to the Directive or to a spatial data service relating to such a data set) the conformity of that data set or data service with the requirements as to interoperability set out in regulation 7A; ; b after paragraph (2) insert— 2A The information in paragraph (2)(aa) regarding conformity with requirements as to interoperability must be included from the date by which the requirements in question apply. ; and c in paragraph (5), for “24th December” substitute “3rd December”. Insertion of regulation 7A 5 After regulation 7 insert— Interoperability 7A 1 A Scottish public authority or a third party must ensure that the following are available in accordance with paragraph (2)— a any spatial data set for which that authority or third party is responsible and which corresponds to the themes listed in Annex I to the Directive; and b any spatial data service for which that authority or third party is responsible and which relates to a data set described in sub-paragraph (a). 2 The spatial data sets and spatial data services described in paragraph (1) must be available as follows— a newly collected or extensively restructured spatial data sets and spatial data services relating to those data sets— i must be available in conformity with the interoperability requirements (Annex I, original) by 23rd November 2012; and ii must be available in conformity with the interoperability requirements (Annex I, including new list code requirements) by 4th February 2013; and b spatial data sets and spatial data services not described in sub-paragraph (a) and still in use— i must be available in conformity with the interoperability requirements (Annex I, original) by 23rd November 2017; and ii must be available in conformity with the interoperability requirements (Annex I, including new code list requirements) by 4th February 2018. 3 Spatial data sets may be made available in conformity through— a the adaptation of existing data sets; or b the transformation services specified in regulation 8(2)(d). 4 In this regulation— a “ the interoperability requirements (Annex I, original) ” means the requirements of Commission 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 , in its original form as adopted on 23rd November 2010; and b “ the interoperability requirements (Annex I, including new code list requirements) ” means the requirements of Commission 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 . . Amendment of regulation 8 6 In regulation 8 (network services)— a after paragraph (1) insert— 1A The requirement in paragraph (1) applies from 3rd December 2013 in relation to spatial data sets corresponding to the themes listed in Annex III to the Directive and to spatial data services relating to those data sets (even if metadata relating to those data sets or data services have been created before that date). ; b after paragraph (2) insert— 2A Discovery services must enable a search according to the criterion in paragraph (3)(ca) regarding conformity with requirements as to interoperability from the date by which the requirements in question apply. ; c in paragraph (3), after sub-paragraph (c) insert— ca (in the case of a spatial data set corresponding to the themes listed in Annex I to the Directive or a spatial data service relating to such a data set) the degree of conformity with the requirements as to interoperability set out in regulation 7A; ; d after paragraph (3) insert— 3A In the case of a spatial data set corresponding to the themes listed in Annex I to the Directive or a spatial data service relating to such a data set, from the date by which any particular requirements as to interoperability set out in regulation 7A apply, the transformation services specified in sub-paragraph (d) of paragraph (2) must be combined with the other services specified in that paragraph in such a way as to enable all those services to be operated in conformity with those requirements. ; and e omit paragraph (5). Amendment of regulation 9 7 In regulation 9 (linking to a network), for paragraph (3) substitute— 3 The conditions are— a metadata have been created in accordance with regulation 7 and the Metadata Regulation (if on the date in question metadata were required to be created by regulation 7); b services have been established and are operated in accordance with regulation 8 and Commission Regulation (EC) No 976/2009 implementing Directive 2007/2/EC of the European Parliament and of the Council as regards the Network Services ; and c (in the case of a spatial data set corresponding to the themes listed in Annex I to the Directive or a spatial data service relating to such a data set) there is conformity with the applicable requirements as to interoperability set out in regulation 7A (if on the date in question conformity with those requirements is required by that regulation). . Amendment of regulation 13 8 In regulation 13 (data-sharing between public authorities etc.) in paragraph (7)(b), for “member State” substitute “EEA state” . Amendment of regulation 15 9 In regulation 15 (enforcement and monitoring), for paragraph (1)(a) substitute— a ensuring compliance with the requirements of— i regulation 7; ii regulation 7A; and iii regulation 8, except paragraph (4)(c); and . JOHN SWINNEY A member of the Scottish Government St Andrew’s House, Edinburgh 23rd October 2012