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 2018 .

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

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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

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The INSPIRE Regulations 2009 are amended in accordance with this Part.

Amendment of regulation 2 (interpretation)

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• (1) Regulation 2 is amended as follows.

• (2) In paragraph (1)—

• (a) after the definition of “the Act”, insert—

“Commission Regulation (EU) No. 1089/2010” means Commission Regulation (EU) 1089/2010 implementing Directive 2007/2/EC of the European Parliament and of the Council as regards interoperability of spatial data sets and services;

• (b) omit the definition of “the Directive”;

• (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)

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• (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)

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• (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)

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• (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)

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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)

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• (1) Regulation 12 is amended as follows.

• (2) In paragraph (6)—

• (a) for “EU legislation” substitute “ retained EU law ”;

• (b) for “an institution or body of the EU” substitute “ a relevant body ”.

• (3) In paragraph (7)—

• (a) omit sub-paragraphs (b) and (c);

• (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—

(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) ensure that public authorities and third parties comply with these Regulations and the Implementing Rules; (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 Implementing Decision (EU) 2019/1372 (“Commission Implementing Decision (EU) 2019/1372”) implementing Directive 2007/2/EC of the European Parliament and of the Council as regards monitoring and reporting; (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) “Implementing Rules” means the requirements of the Metadata Regulation, ... Commission Regulation (EC) No. 976/2009 implementing Directive 2007/2/EC of the European Parliament and of the Council as regards the Network Services, Commission Regulation (EU) 1089/2010 and Commission Implementing Decision (EU) 2019/1372; (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

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• (1) Commission Regulation (EC) No. 1205/2008 implementing Directive 2007/2/EC of 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) 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) 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—

(1) 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) Harmonised multi-resolution grid with a common point of origin and standardised location and size of grid cells. (3) Names of areas, regions, localities, cities, suburbs, towns or settlements, or any geographical or topographical feature of public or historical interest. (4) Units of administration, dividing areas where jurisdiction is exercised under local, regional and national government, which are separated by administrative boundaries. (5) Location of properties based on address identifiers, usually by road name, house number, postal code. (6) Areas defined by cadastral registers or equivalent. (7) Road, rail, air and water transport networks and related infrastructure, including links between different networks. (8) 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 2017 , the Water Environment (Water Framework Directive) Regulations (Northern Ireland) 2017 or, as the case may be, the Water Environment and Water Services (Scotland) Act 2003 , and in the form of networks. (9) Areas designated or managed under legislation or international law to achieve specific conservation objectives. (1) Digital elevation models for land, ice and ocean surface, including terrestrial elevation, bathymetry and shoreline. (2) 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) Geo-referenced image data of the Earth's surface, from either satellite or airborne sensors. (4) Geology characterised according to composition and structure, including bedrock, aquifers and geomorphology. (1) Units for dissemination or use of statistical information. (2) Geographical location of buildings. (3) Soils and subsoil characterised according to depth, texture, structure and content of particles and organic material, stoniness, erosion, where appropriate mean slope and anticipated water storage capacity. (4) Territory characterised according to its current and future planned functional dimension or socio-economic purpose, including where such dimension or purpose is residential, industrial, commercial, agricultural, forestry or recreational. (5) (1) Data in relation to— (a) the geographical distribution of dominance of pathologies, including allergies, cancers and respiratory diseases; (b) information indicating the effect on human health or well-being of matters linked directly or indirectly to the quality of the environment. (2) For the purposes of sub-paragraph (1)(b)— (a) “information indicating the effect on human health” includes biomarkers, decline of fertility and epidemics; (b) “well-being” includes fatigue and stress; (c) matters “linked directly to the quality of the environment” include air pollution, chemicals, depletion of the ozone layer and noise; (d) matters “linked indirectly to the quality of the environment” include food and genetically modified organisms. (6) Data in relation to— (a) utility facilities, including sewage, waste management, energy supply and water supply; (b) administrative and social governmental services, including public administration, civil protection sites, schools and hospitals. (7) The location and operation of environmental monitoring facilities, including those which observe or measure emissions, the state of environmental media or other ecosystem parameters, including biodiversity and the ecological condition of vegetation, by or on behalf of a public authority. (8) Industrial production sites, including installations covered by any law in any part of the United Kingdom which implemented Directive 2008/1/EC of the European Parliament and of the Council concerning integrated pollution prevention and control, and water abstraction facilities, mining and storage sites. (9) Farming equipment and production facilities, including irrigation systems, greenhouses and stables. (10) Geographical distribution of people, including population characteristics and activity levels, aggregated by grid, region, administrative unit or other analytical unit. (11) Areas or zones established, managed, regulated or used to plan, perform, monitor or control activities for the purpose of achieving specific or defined environmental objectives under an enactment, including— (a) dumping sites and areas for the dumping of waste; (b) restricted areas around drinking water sources; (c) nitrate-vulnerable zones; (d) regulated fairways at sea or large inland waters; (e) noise restriction zones; (f) prospecting and mining permit areas; (g) river basin districts; (h) relevant reporting units; (i) coastal zone management areas. (12) Vulnerable areas characterised according to natural hazards, including atmospheric, hydrologic, seismic, volcanic or wildfire hazards that, because of their location, severity, and frequency, have the potential to seriously affect society. (13) Physical conditions in the atmosphere, including spatial data based on measurements or models (or a combination of measurements and models), including measurement locations. (14) Weather conditions and their measurements; precipitation, temperature, evapotranspiration, wind speed and direction. (15) Physical conditions of oceans, including currents, salinity and wave heights. (16) Physical conditions of seas and saline water bodies divided into regions and sub-regions with common characteristics. (17) Areas of relatively homogeneous ecological conditions with common characteristics. (18) Geographical areas characterised by specific ecological conditions, processes, structure, and life support functions that physically support the organisms that live there, including terrestrial and aquatic areas distinguished by geographical, abiotic and biotic features, whether entirely natural or semi-natural. (19) Geographical distribution of occurrence of animal and plant species aggregated by grid, region, administrative unit or other analytical unit. (20) Energy resources, including hydrocarbons, hydropower, bio-energy, solar and wind, including, where relevant for structuring data, depth or height information on the extent of the resource. (21) Mineral resources including metal ores and industrial minerals including, where relevant for structuring data, depth or height information on the extent of the resource..

• (7) The Annex is renumbered as “ANNEX 4” and is amended in accordance with the following paragraphs.

• (8) In Part B—

• (a) in paragraph 3, for “defined in Annex I, II or III to Directive 2007/2/EC” substitute “ set out in Annex 1, 2 or 3 ”;

• (b) in paragraph 4, for “Article 11(2)(e) of Directive 2007/2/EC” substitute “ regulation 7(3)(d) of the INSPIRE Regulations 2009 or, as the case may be, regulation 8(3)(d) of the INSPIRE (Scotland) Regulations 2009 ”;

• (c) in paragraph 5, omit “as referred to in Article 8(2)(d) of Directive 2007/2/EC”;

• (d) in paragraph 6, for “Article 5(2) and Article 11(2) of Directive 2007/2/EC” substitute “ regulations 6(2) and 7(2)(a)(ii) and (3) of the INSPIRE Regulations 2009 or, as the case may be, regulations 7(2) and 8(2)(a)(ii) and (3) of the INSPIRE (Scotland) Regulations 2009 ”;

• (e) in paragraph 7 (but see below for the amendments to paragraphs 7.1 and 7.2)—

• (i) for “Article 5(2)(a) and Article 11(2)(d) of Directive 2007/2/EC” substitute “ regulations 6(2)(aa) and 7(3)(ca) of the INSPIRE Regulations 2009 or, as the case may be, regulations 7(2)(aa) and 8(3)(ca) of the INSPIRE (Scotland) Regulations 2009 ”;

• (ii) for “adopted under Article 7(1) of Directive 2007/2/EC” substitute “ set out in Commission Regulation (EU) No. 1089/2010 of 23 November 2010 implementing Directive 2007/2/EC of the European Parliament and of the Council as regards interoperability of spatial data sets and services ”;

• (f) in paragraph 7.1—

• (i) in each place where it occurs, omit “adopted under Article 7(1) of Directive 2007/2/EC”;

• (ii) in the second sub-paragraph—

• (aa) after “one” insert “ of the ”;

• (bb) for “specification” substitute “ specifications ”;

• (g) in paragraph 7.2, omit “adopted under Article 7(1) of Directive 2007/2/EC”;

• (h) in paragraph 8.1, for “Article 5(2)(b) and Article 11(2)(f) of Directive 2007/2/EC” substitute “ regulations 6(2)(d) and (e) and 7(3)(e) of the INSPIRE Regulations 2009 or, as the case may be, regulations 7(2)(d) and (e) and 8(3)(e) of the INSPIRE (Scotland) Regulations 2009 ”;

• (i) in paragraph 8.2—

• (i) for “Member States” substitute “ data publishers ”;

• (ii) for “Article 13 of Directive 2007/2/EC” substitute “ regulation 9 of the INSPIRE Regulations 2009 or, as the case may be, regulation 10 of the INSPIRE (Scotland) Regulations 2009 ”;

• (j) in paragraph 9, for “Article 5(2)(d) and Article 11(2)(g) of Directive 2007/2/EC” substitute “ regulations 6(2)(b) and 7(3)(f) of the INSPIRE Regulations 2009 or, as the case may be, regulations 7(2)(b) and 8(3)(f) of the INSPIRE (Scotland) Regulations 2009 ”;