European Communities (Establishing an Infrastructure for Spatial Information in the European Community (INSPIRE)) Regulations, 2010.

JurisdictionIreland
CitationIR SI 382/2010
Year2010

INDEX

1. Citation and Commencement

2. Purpose and Application

3. Interpretation

4. Metadata

5. Interoperability of Spatial Data Sets and Services

6. Network Services

7. Data and Services Sharing

8. Coordination and Implementation

SCHEDULE 1

SCHEDULE 2

SCHEDULE 3

S.I. No. 382 of 2010

EUROPEAN COMMUNITIES (ESTABLISHING AN INFRASTRUCTURE FOR SPATIAL INFORMATION IN THE EUROPEAN COMMUNITY (INSPIRE)) REGULATIONS 2010

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 3rd August, 2010.

I, JOHN GORMLEY, Minister for the Environment, Heritage and Local Government, in exercise of the powers conferred on me by Section 3 of the European Communities Act 1972 (No. 27 of 1972), and for the purposes of giving effect to Council Directive 2007/2/EC of the European Parliament and of the Council of 25 April 2007, hereby make the following Regulations:

Citiation and Commencement

1. (1) These Regulations may be cited as the European Communities (Establishing an Infrastructure for Spatial Information in the European Community (INSPIRE)) Regulations, 2010.

(2) These Regulations shall come into operation on 1 August 2010.

Purpose and Application

2. (1) These Regulations shall provide for the establishment in the State of an infrastructure for spatial information in accordance with the requirements of the INSPIRE Directive.

Interpretation

3. (1) In these Regulations—

“Commission” means the Commission of the European Communities;

“infrastructure for spatial information” means metadata, spatial data sets and spatial data services; network services and technologies; agreements on sharing, access and use; and coordination and monitoring mechanisms, processes and procedures, established, operated or made available in accordance with these Regulations;

“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;

“INSPIRE Directive” means Directive 2007/2/EC of the European Parliament and of the Council of 25 April 2007;

“INSPIRE geo-portal” means an Irish Internet site, or equivalent, providing access to the services referred to in Regulation 5(1) and which links to a European geo-portal established in terms of paragraph 1 of Article 15 of the INSPIRE Directive;

“metadata” means information describing spatial data sets and spatial data services and making it possible to discover inventory and use them;

“Minister” means the Minister for the Environment, Heritage and Local Government;

“public body” means:

(a) any government or other public administration, including public advisory bodies, at national, regional or local level, and shall include a Government Department, Regional Authority, Local Authority, Office or Agency or Authority of the State;

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

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

When bodies or institutions are acting in a judicial or legislative capacity, they are not to be regarded as a public body for the purposes of these Regulations;

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

“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 data set” means an identifiable collection of spatial data;

“third party” means any natural or legal person other than a public body.

(2) These Regulations do not affect the existence or ownership of public bodies’ intellectual property rights.

(3) These Regulations shall cover spatial data sets which fulfill the following conditions:

(a) cover all of the land and marine areas over which the State has jurisdiction;

(b) are in electronic format;

(c) are held by or on behalf of any of the following:

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

(bb) a third party to whom the network has been made available in accordance with Regulation 6(4);

(d) relate to one or more of the themes listed in Schedules 1, 2 or 3.

(4) In cases where multiple identical copies of the same spatial data set are held by or on behalf of various public bodies, these Regulations shall apply only to the reference version from which the various copies are derived.

(5) These Regulations shall cover the spatial data services relating to the data contained in the spatial data sets referred to in Regulation 3(3).

(6) These Regulations do not require collection of new spatial data.

(7) In the case of spatial data sets which comply with the condition set out in Regulation 3(3)(c), but in respect of which a third party holds intellectual property rights, the public body may take action under these Regulations only with the consent of that third party.

(8) By way of derogation from Regulation 3(3), these Regulations shall cover spatial data sets held by or on behalf of a public body operating at the lowest level of government only if laws or regulations require their collection or dissemination.

(9) The description of the existing data themes referred to in Schedules 1, 2 and 3 may be adapted in accordance with the regulatory procedure with scrutiny referred to in Article 22(3) of the INSPIRE Directive, in order to take into account the evolving needs for spatial data in support of Community policies that affect the environment.

Metadata

4. (1) Public bodies within the remit of these Regulations shall ensure that metadata are created for the spatial data sets and services corresponding to the themes listed in Schedules 1, 2 and 3, and that those metadata are kept 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) of the INSPIRE Directive;

(b) the 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 bodies responsible for the establishment, management, maintenance and distribution of spatial data sets and services;

(e) the limitations on public access and the reasons for such limitations, in accordance with Regulation 6(5) to (7).

(3) Public bodies shall take the necessary measures to ensure that metadata are complete and of a quality sufficient to fulfill the purpose set out in the definition of metadata in Regulation 3(1).

(4) Public bodies shall create metadata no later than 23 December 2010 in the case of the themes set out in Schedules 1 and 2, and no later than 23 December 2013 in the case of the themes set out in Schedule 3.

Interoperability of Spatial Data Sets and Services

5. (1) Public bodies 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 of Article 7 of the INSPIRE Directive 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 in Regulation 6(1)(d) of these Regulations.

(2) Any information, including data, codes and technical classifications, needed for compliance with the implementing rules referred to in Regulation 5(1) shall be made available to public bodies or third parties in accordance with conditions that do not restrict its use for that purpose.

(3) In order to ensure that spatial data relating to a geographical feature, the location of which spans the frontier between the State and the United Kingdom, are coherent, public bodies shall, where appropriate, decide by mutual consent on the depiction and position of such common features.

Network Services

6. (1) Public bodies 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 these Regulations:

(a) discovery services making it possible to search for spatial data...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT