The INSPIRE (Amendment) (EU Exit) Regulations 2018

Amendment of Commission Regulation (EC) No. 1205/2008U.K.

10.—(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—

“ANNEX 1U.K.SPATIAL DATA THEMES CORRESPONDING WITH THE THEMES SET OUT IN ANNEX I TO DIRECTIVE 2007/2/EC (IMMEDIATELY BEFORE EXIT DAY)

Coordinate reference systems

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.

Geographical grid systems

2.  Harmonised multi-resolution grid with a common point of origin and standardised location and size of grid cells.

Geographical names

3.  Names of areas, regions, localities, cities, suburbs, towns or settlements, or any geographical or topographical feature of public or historical interest.

Administrative units

4.  Units of administration, dividing areas where jurisdiction is exercised under local, regional and national government, which are separated by administrative boundaries.

Addresses

5.  Location of properties based on address identifiers, usually by road name, house number, postal code.

Cadastral parcels

6.  Areas defined by cadastral registers or equivalent.

Transport networks

7.  Road, rail, air and water transport networks and related infrastructure, including links between different networks.

Hydrography

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 M1, the Water Environment (Water Framework Directive) Regulations (Northern Ireland) 2017 M2 or, as the case may be, the Water Environment and Water Services (Scotland) Act 2003 M3, and in the form of networks.

Protected sites

9.  Areas designated or managed under legislation or international law to achieve specific conservation objectives.

ANNEX 2U.K.SPATIAL DATA THEMES CORRESPONDING WITH THE THEMES SET OUT IN ANNEX II TO DIRECTIVE 2007/2/EC (IMMEDIATELY BEFORE EXIT DAY)

Elevation

1.  Digital elevation models for land, ice and ocean surface, including terrestrial elevation, bathymetry and shoreline.

Land cover

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.

Orthoimagery

3.  Geo-referenced image data of the Earth's surface, from either satellite or airborne sensors.

Geology

4.  Geology characterised according to composition and structure, including bedrock, aquifers and geomorphology.

ANNEX 3U.K.SPATIAL DATA THEMES CORRESPONDING WITH THE THEMES SET OUT IN ANNEX III TO DIRECTIVE 2007/2/EC (IMMEDIATELY BEFORE EXIT DAY)

Statistical units

1.  Units for dissemination or use of statistical information.

Buildings

2.  Geographical location of buildings.

Soil

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.

Land use

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.

Human health and safety

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.

Utility facilities and governmental services

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.

Environmental monitoring facilities

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.

Production and industrial facilities

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.

Agricultural and aquaculture facilities

9.  Farming equipment and production facilities, including irrigation systems, greenhouses and stables.

Population distribution — demography

10.  Geographical distribution of people, including population characteristics and activity levels, aggregated by grid, region, administrative unit or other analytical unit.

Area management zones, restriction zones, regulation zones and reporting units

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.

Natural risk zones

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.

Atmospheric conditions

13.  Physical conditions in the atmosphere, including spatial data based on measurements or models (or a combination of measurements and models), including measurement locations.

Meteorological geographical features

14.  Weather conditions and their measurements; precipitation, temperature, evapotranspiration, wind speed and direction.

Oceanographic geographical features

15.  Physical conditions of oceans, including currents, salinity and wave heights.

Sea regions

16.  Physical conditions of seas and saline water bodies divided into regions and sub-regions with common characteristics.

Bio-geographical regions

17.  Areas of relatively homogeneous ecological conditions with common characteristics.

Habitats and biotopes

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.

Species distribution

19.  Geographical distribution of occurrence of animal and plant species aggregated by grid, region, administrative unit or other analytical unit.

Energy resources

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.

Mineral resources

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 ”;

(k)in paragraph 10, for “Article 5(1) of Directive 2007/2/EC” substitute “ regulation 6 of the INSPIRE Regulations 2009 or, as the case may be, regulation 7 of the INSPIRE (Scotland) Regulations 2009 ”.

(9) In Part C, in the first indent, for “the Annex” substitute “ this Annex ”.

(10) In Part D, in paragraph 2, in each place where it occurs—

(a)omit “Directive 2007/2/EC”;

(b)for “Annex I” substitute “ Annex 1 ”;

(c)for “Annex II” substitute “ Annex 2 ”;

(d)for “Annex III” substitute “ Annex 3 ”.