Commission Implementing Decision (EU) 2019/1372 of 19 August 2019 implementing Directive 2007/2/EC of the European Parliament and of the Council as regards monitoring and reporting (notified under document C(2019) 6026) (Text with EEA relevance)

EU Decision 2019/1372 · Adopted 19 August 2019 · Extends to United Kingdom

Commission Implementing Decision (EU) 2019/1372

of 19 August 2019

implementing Directive 2007/2/EC of the European Parliament and of the Council as regards monitoring and reporting

(notified under document C(2019) 6026)

(Text with EEA relevance)

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)^f1, and in particular Article 21(4) thereof,

Whereas:

(1)

Directive 2007/2/EC requires Member States to monitor the implementation and use of their infrastructures for spatial information and to report on a number of issues relating to this. Commission Decision 2009/442/EC^f2 implements Directive 2007/2/EC as regards that monitoring and reporting. Experience from the previous reporting exercises and the conclusions of recent evaluations (REFIT evaluation of Directive 2007/2/EC^f3, Fitness Check on reporting and monitoring of EU environment policy^f4) have shown the need to simplify and streamline monitoring and reporting, support better comparison of the implementation progress across Member States and allow for National and EU-wide overviews while reducing administrative monitoring and reporting burden. Updated information should be collected in an easier, comparable and less burdensome way for all reporting actors. Moreover, the significant number of indicators was not allowing for a clear insight into the implementation progress. There were too many indicators and not necessarily the right ones. Decision 2009/442/EC should therefore be replaced.

(2)

Monitoring should be based on a set of indicators calculated on the basis of data collected from public authorities. These indicators will measure the implementation progress of Directive 2007/2/EC in the Member States and will be used to evaluate the success of the Directive against its objectives. Therefore, the indicators laid down in this act have been chosen according to the generic intervention logic of Directive 2007/2/EC and address the requirements to identify the spatial data needed (Article 3), to document the identified spatial data through metadata (Article 4), to ensure that the documented spatial data is accessible online through network services allowing its discovery, view and download (Articles 6 and 7), and to organise the spatial data in interoperable data models with a common vocabulary (Article 5).

(3)

To minimize the administrative burden of monitoring, the indicators should be calculated based on the metadata for spatial data sets and spatial data services already created and published by Member States pursuant to Article 5 of Directive 2007/2/EC in order for the Member States not to be obliged to calculate the indicators manually and provide a list of the spatial data sets and spatial data services corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC every year as provided for in in Decision 2009/442/EC. Only metadata that are published by Member States will be taken into account when calculating the indicators for monitoring. Metadata that have not been published are not discoverable and do not contribute to the infrastructure for spatial information, hence will be ommitted when calculating the indicators for monitoring.

(4)

To minimize the administrative burden of reporting, Member States should only report on those aspects of their spatial information infrastructure that have changed since the submission of the last report pursuant to Article 21(3) of Directive 2007/2/EC.

(5)

To ensure a consistent and comparable approach to the monitoring and reporting across the Union, Member States should monitor at least a common subset of spatial data sets and report on their availability, accessibility and interoperability. This common subset should be the spatial data sets already used by the Member States for the purpose of reporting under those pieces of EU environmental legislation identified in the Commission Report^f5‘Actions to Streamline Environmental Reporting’ following a comprehensive Fitness Check of reporting and monitoring of EU environment policy^f6.

(6)

The measures provided for in this Decision are in accordance with the opinion of the Committee established by Article 22 of Directive 2007/2/EC,

HAS ADOPTED THIS DECISION:

Annotations to the whole text

Footnotes

f1: OJ L 108, 25.4.2007, p. 1.
f2: Commission Decision 2009/442/EC of 5 June 2009 implementing Directive 2007/2/EC of the European Parliament and of the Council as regards monitoring and reporting (OJ L 148, 11.6.2009, p. 18).
f3: SWD(2016) 273 final.
f4: COM(2017) 312 final and SWD(2017) 230.
f5: COM(2017) 312 final.
f6: SWD(2017) 230 final; the complete list appears in annex 1 of it (section 8.1 of the document).

1Subject matter
1aInterpretation
2Common provisions for monitoring and reporting
3Monitoring of the availability of spatial data and services
4Monitoring of the conformity of metadata with Commission Regulation (EC) No 1205/2008
5Monitoring of the conformity of spatial data sets with Commission Regulation (EU) No 1089/2010 on interoperability
6Monitoring of the accessibility of spatial data sets through view and download services
7Monitoring of the conformity of network services with Commission Regulation (EC) No 976/2009
8Publication of the monitoring results
9Updating summary reports
10Repeal Repealed
11Addressees Repealed
Signature

1Subject matterF1

This Decision lays down detailed rules on the obligations of appropriate authorities to monitor the implementation and use of their infrastructures for spatial information and for reporting on that monitoring.

1aInterpretationF1

In this Decision, “appropriate authority” means—

(a)

in relation to England and Wales and Northern Ireland, the Secretary of State;

(b)

in relation to Scotland, the Scottish Ministers.

2Common provisions for monitoring and reportingF1

The indicators referred to in Articles 3 to 7 shall be calculated using the metadata of the spatial data sets and the spatial data services that are published by the appropriate authority through the discovery services referred to in regulation 7(2)(a) of the INSPIRE Regulations 2009 or, as the case may be, regulation 8(2)(a) of the INSPIRE (Scotland) Regulations 2009.

The appropriate authority shall make all results of monitoring in accordance with regulation 14(3)(b) of the INSPIRE Regulations 2009 or, as the case may be, regulation 15(3)(b) of the INSPIRE (Scotland) Regulations 2009 accessible to the public on the internet or using other appropriate means of telecommunication.

3Monitoring of the availability of spatial data and services

The following indicators shall be used to measure the number of spatial data sets and spatial data services:

(a)

the number of spatial data sets for which metadata exist (‘DSi1,1’);

(b)

the number of spatial data services for which metadata exist (‘DSi1,2’).

The following indicator shall be used to measure the number of spatial data sets that are already used by the F1appropriate authority for reporting under environmental legislation: the number of spatial data sets for which the metadata contains a keyword from a register F2, which the appropriate authority must approve, or maintain and provide, for the purposes of this Article, indicating that the spatial data set is used for reporting under the environmental legislation (‘DSi1,3’).

The following indicators shall be used to measure the number of the spatial data sets that respectively cover regional or national territory:

(a)

the number of spatial data sets for which the metadata contains a keyword from a register , which the appropriate authority must approve, or maintain and provide, for the purposes of this Article, indicating that the spatial data set covers regional territory (‘DSi1,4’);

(b)

4Monitoring of the conformity of metadata with Commission Regulation (EC) No 1205/2008

The following indicators shall be used to measure the percentage of metadata for spatial data sets and spatial data services that are published by F1appropriate authorities through the discovery services referred to in F2regulation 7(2)(a) of the INSPIRE Regulations 2009 or, as the case may be, regulation 8(2)(a) of the INSPIRE (Scotland) Regulations 2009 that are in conformity with Regulation (EC) No 1205/2008 as regards metadata:

(a)
the number of spatial data sets for which metadata are in conformity with Regulation (EC) No 1205/2008 multiplied by a hundred and divided by the number of spatial data sets for which metadata exist as given by indicator ‘DSi1,1’ (‘MDi1,1’);
(b)
the number of spatial data services for which metadata are in conformity with Regulation (EC) No 1205/2008 multiplied by a hundred and divided by the number of spatial data services for which metadata exist as given by indicator ‘DSi1,2’ (‘MDi1,2’).

5Monitoring of the conformity of spatial data sets with Commission Regulation (EU) No 1089/2010 on interoperability

The following indicators shall be used to measure the percentage of spatial data sets that are in conformity with Regulation (EU) No 1089/2010 as regards interoperability of spatial data sets:

(a)
the number of spatial data sets which are in conformity with Regulation (EU) No 1089/2010 multiplied by a hundred and divided by the number of spatial data sets as given by indicator ‘DSi1,1’ (‘DSi2’);
(b)
the number of spatial data sets corresponding to the themes listed in F1Annex 1 to Commission Regulation (EC) No 1205/2008 which are in conformity with Regulation (EU) No 1089/2010 multiplied by a hundred and divided by the number of spatial data sets corresponding to the themes listed in that Annex (‘DSi2,1’);
(c)
the number of spatial data sets corresponding to the themes listed in F2Annex 2 to Commission Regulation (EC) No 1205/2008 which are in conformity with Regulation (EU) No 1089/2010 multiplied by a hundred and divided by the number of spatial data sets corresponding to the themes listed in that Annex (‘DSi2,2’);
(d)
the number of spatial data sets corresponding to the themes listed in F3Annex 3 to Commission Regulation (EC) No 1205/2008 which are in conformity with Regulation (EU) No 1089/2010 multiplied by a hundred and divided by the number of spatial data sets corresponding to the themes listed in that Annex (‘DSi2,3’).

6Monitoring of the accessibility of spatial data sets through view and download services

The following indicators shall be used to measure the percentage of spatial data sets that are accessible through the view services F1and the download services referred to in regulation 7(2)(b) and (c) of the INSPIRE Regulations 2009 or, as the case may be, regulation 8(2)(b) and (c) of the INSPIRE (Scotland) Regulations 2009:

(a)
the number of spatial data sets for which both view and download services exist multiplied by a hundred and divided by the number of spatial data sets as given by indicator DSi1,1(‘NSi2’);
(b)
the number of spatial data sets for which a view service exists multiplied by a hundred and divided by the number of spatial data sets as given by indicator DSi1,1 (‘NSi2,1’);
(c)
the number of spatial data sets for which a download service exists multiplied by a hundred and divided by the total number of spatial data sets as given by indicator DSi1,1 (‘NSi2,2’).

7Monitoring of the conformity of network services with Commission Regulation (EC) No 976/2009

The following indicators shall be used to measure the percentage of the network services referred to in F1regulation 7(2) of the INSPIRE Regulations 2009 or, as the case may be, regulation 8(2) of the INSPIRE (Scotland) Regulations 2009 that are in conformity with Regulation (EC) No 976/2009 as regards the Network Services:

(a)
the number of network services which are in conformity with Regulation (EC) No 976/2009 multiplied by a hundred and divided by the total number of network services (‘NSi4’);
(b)
the number of discovery services which are in conformity with Regulation (EC) No 976/2009 multiplied by a hundred and divided by the total number of discovery services (‘NSi4,1’);
(c)
the number of view services which are in conformity with Regulation (EC) No 976/2009 multiplied by a hundred and divided by the total number of view services (‘NSi4,2’);
(d)
the number of download services which are in conformity with Regulation (EC) No 976/2009 multiplied by a hundred and divided by the total number of download services (‘NSi4,3’);
(e)
the number of transformation services which are in conformity with Regulation (EC) No 976/2009 multiplied by a hundred and divided by the total number of transformation services (‘NSi4,4’).

8Publication of the monitoring results

The results of the monitoring F1under regulation 14 of the INSPIRE Regulations 2009 or, as the case may be, regulation 15 of the INSPIRE (Scotland) Regulations 2009 shall be published by 31 March of each year at the latest in respect of the status of the implementation of the infrastructure for spatial information on 15 December the preceding year. The results shall be updated at least every year.

9Updating summary reportsF1

(1.)

By no later than 31 March 2021, the appropriate authority shall publish a report containing summary descriptions of:

(a)

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

(b)

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

(c)

how the infrastructure for spatial information is used;

(d)

how public authorities share data;

(e)

the costs and benefits of:

(i)

the INSPIRE Regulations;

(ii)

rules or requirements as to the interoperability of spatial data sets and services set out in Commission Regulation (EU) No 1089/2010 and the INSPIRE Regulations;

(iii)

rules or requirements as to metadata set out in Commission Regulation (EC) No 1205/2008 and the INSPIRE Regulations;

(iv)

rules or requirements as to network services set out in Commission Regulation (EC) No 976/2009 and the INSPIRE Regulations.

(2.)

In this Article, “INSPIRE Regulations” means the INSPIRE Regulations 2009 or, as the case may be, the INSPIRE (Scotland) Regulations 2009.

(3.)

By no later than 31 March in each year following 2021, the appropriate authority shall, if necessary, update the report described in paragraph 1 and, if the report is updated, publish the updated report.