The INSPIRE (Amendment) (EU Exit) Regulations 2018
2018 No. 1338
Exiting The European Union
Environmental Protection
Public Sector Information
The INSPIRE (Amendment) (EU Exit) Regulations 2018
Made 4th December 2018
Laid before Parliament 12th December 2018
Coming into force in accordance with regulation 1
The Secretary of State makes the following Regulations in exercise of the powers conferred by section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 20181.
The requirements of paragraph 3(2) of Schedule 7 to that Act (relating to the appropriate Parliamentary procedure for these Regulations) have been satisfied.
PART 1
PRELIMINARY
Citation and commencement
1. These Regulations may be cited as the INSPIRE (Amendment) (EU Exit) Regulations 2018 and come into force on exit day.
PART 2
AMENDMENT OF THE INSPIRE REGULATIONS 2009
Introductory
2. The INSPIRE Regulations 20092are amended in accordance with this Part.
Amendment of regulation 2 (interpretation)
3.—(1) Regulation 2 is amended as follows.
(2) In paragraph (1)—
(a)
(a) after the definition of “the Act”, insert—
““ Commission Regulation (EU) No. 1089/2010” means Commission Regulation (EU) 1089/2010 implementing Directive 2007/2/ECof the European Parliament and of the Council as regards interoperability of spatial data sets and services;”;
(b)
(b) omit the definition of “the Directive”;
(c)
(c) in paragraph (b) of the definition of “spatial data set”, for “Annex I, II or III to the Directive” substitute “Annex 1, 2 or 3 to the Metadata Regulation”.
(3) Omit paragraph (2).
(4) Omit paragraph (4).
Amendment of regulation 6 (metadata)
4.—(1) Regulation 6 is amended as follows.
(2) In paragraph (2)(aa), for “Annex I to the Directive” substitute “Annex 1 to the Metadata Regulation”.
(3) For paragraph (4) substitute—
“4 Public authorities must ensure that they have in place metadata relating to—
(a) spatial data sets corresponding to the themes listed in Annexes 1 to 3 to the Metadata Regulation; and
(b) spatial data services relating to those data sets.”.
(4) Omit paragraph (5).
Amendment of regulation 6A (interoperability)
5.—(1) Regulation 6A is amended as follows.
(2) In paragraph (1)(a), for “Annex I to the Directive” substitute “Annex 1 to the Metadata Regulation”.
(3) For paragraph (2) substitute—
“2 The spatial data sets and spatial data services described in paragraph (1) must be available in conformity with the requirements as to the interoperability of spatial data sets and spatial data services set out in Commission Regulation (EU) No. 1089/2010.”.
(4) Omit paragraph (4).
Amendment of regulation 7 (network services)
6.—(1) Regulation 7 is amended as follows.
(2) Omit paragraph (1A).
(3) In paragraph (3)(ca), for “Annex I to the Directive” substitute “Annex 1 to the Metadata Regulation”.
(4) In paragraph (3A), for “Annex I to the Directive” substitute “Annex 1 to the Metadata Regulation”.
Amendment of regulation 8 (linking to a network)
7. In regulation 8(3)(c), for “Annex I to the Directive” substitute “Annex 1 to the Metadata Regulation”.
Amendment of regulation 12 (data sharing between public authorities etc)
8.—(1) Regulation 12 is amended as follows.
(2) In paragraph (6)—
(a)
(a) for “EU legislation” substitute “retained EU law”;
(b)
(b) for “an institution or body of the EU” substitute “a relevant body”.
(3) In paragraph (7)—
(a)
(a) omit sub-paragraphs (b) and (c);
(b)
(b) in sub-paragraph (d), for “EU and the United Kingdom are parties” substitute “United Kingdom is a party”.
Substitution of regulation 14 (coordination and monitoring)
9. For regulation 14 substitute—
“Coordination, monitoring and reporting
14.—(1) The Secretary of State must, for the purposes of ensuring compliance with these Regulations, ensure that appropriate structures and mechanisms are put in place for coordinating, across the different levels of government, the contributions of all persons with an interest in infrastructures for spatial information.
(2) In performing the function described in paragraph (1), the Secretary of State must coordinate the contributions of, in particular, 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 these Regulations and the Implementing Rules.
(3) The Secretary of State must—
(a)
(a) ensure that public authorities and third parties comply with these Regulations and the Implementing Rules;
(b)
(b) monitor the implementation and use of the infrastructure for spatial information for the purposes of these Regulations, and make the findings available to the public in accordance with Commission Decision 2009/442/EC(“Commission Decision 2009/442/EC”) implementing Directive 2007/2/ECof the European Parliament and of the Council as regards monitoring and reporting;
(c)
(c) issue guidance to public authorities and third parties which are responsible for spatial data sets or spatial data services about the implementation of these Regulations.
(4) Guidance issued under paragraph (3)(c) must include provision relating to the internal complaints procedure which authorities and third parties are required to establish under regulation 13.
(5) In performing their functions under these Regulations, public authorities and third parties must have regard to guidance issued under paragraph (3)(c).
(6) Public authorities and third parties must provide such information to the Secretary of State as the Secretary of State may require in order to perform the functions described in paragraphs (1) to (3).
(7) In this regulation—
(a)
(a) “Implementing Rules” means the requirements of the Metadata Regulation, Commission Decision 2009/442/EC, Commission Regulation (EC) No. 976/2009implementing Directive 2007/2/ECof the European Parliament and of the Council as regards the Network Services, and Commission Regulation (EU) 1089/2010;
(b)
(b) “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, and for the purposes of, these Regulations and the Implementing Rules.”.
PART 3
Amendment of retained direct EU legislation
Amendment of Commission Regulation (EC) No. 1205/2008
10.—(1) Commission Regulation (EC) No. 1205/2008implementing Directive 2007/2/ECof the European Parliament and of the Council as regards metadata is amended as follows.
(2) In Article 1, for “Annexes I, II and III to Directive 2007/2/EC” substitute “Annexes 1, 2 and 3”.
(3) In Article 2—
(a)
(a) for “Article 3 of Directive 2007/2/EC” substitute “the INSPIRE Regulations 2009 or, as the case may be, the INSPIRE (Scotland) Regulations 2009”;
(b)
(b) for “the Annex”, substitute “Annex 4”.
(4) In Article 3, for “the Annex”, substitute “Annex 4”.
(5) Omit Article 4.
(6) Before the Annex, insert—
“SPATIAL DATA THEMES CORRESPONDING WITH THE THEMES SET OUT IN ANNEX I TO DIRECTIVE 2007/2/EC(IMMEDIATELY BEFORE EXIT DAY)
ANNEX 1.—(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 jurisdiction is exercised under local, regional and national government, which are 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, including links between different networks.
(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 the Water Environment (Water Framework Directive) (England and Wales) Regulations 20173, the Water Environment (Water Framework Directive) Regulations (Northern Ireland) 20174 or, as the case may be, the Water Environment and Water Services (Scotland) Act 20035, and in the form of networks.
(9) Protected sites
Areas designated or managed under legislation or international law to achieve specific conservation objectives.
SPATIAL DATA THEMES CORRESPONDING WITH THE THEMES SET OUT IN ANNEX II TO DIRECTIVE 2007/2/EC(IMMEDIATELY BEFORE EXIT DAY)
ANNEX 2.—(1) Elevation
Digital elevation models for land, ice and ocean surface, including terrestrial elevation, bathymetry and shoreline.
(2) Land cover
Physical and biological cover of the Earth’s surface including artificial surfaces, agricultural areas, forests, natural and semi-natural areas, wetlands and water bodies.
(3) Orthoimagery
Geo-referenced...
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