The INSPIRE (Scotland) Amendment Regulations 2012

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the INSPIRE (Scotland) Regulations 2009 (“the principal Regulations”). The principal Regulations implement (in part) Directive 2007/2/EC (OJ L 108, 25.4.2007, p.1) (“the Directive”) which concerns the creation and operation of national and EU infrastructures relating to spatial information for the purposes of EU environmental policies and other policies or activities which may have an impact on the environment.

The principal Regulations did not transpose Articles 5(2)(a), 6(b) (in so far as it applied in relation to Article 5(2)(a)), 7(3), and 11(2)(d) and (3) of the Directive because implementing rules for the purposes of those Articles had not been adopted by the European Commission at that time.

Implementing rules have since been adopted by virtue of Commission Regulation (EU) No 1089/2010 implementing Directive 2007/2/EC as regards interoperability of spatial data sets and services (OJ L 323, 8.12.2010, p.11) as amended by Commission Regulation (EU) No 102/2011 (OJ L 31, 5.2.2011, p.13). These rules apply in respect of spatial data sets in relation to the themes listed in Annex I to the Directive (and spatial data services relating to such data sets).

In consequence of the adoption of those implementing rules, these Regulations amend the principal Regulations to further implement the Directive as follows—

• regulation 4(a) implements Article 5(2)(a) by inserting regulation 7(2)(aa);

• regulation 4(b) implements Article 6(a) (in so far as it applies in relation to Article 5(2)(a)) by inserting regulation 7(2A);

• regulation 5 implements Article 7(3) by inserting regulation 7A;

• regulation 6(b) and (c) implements Article 11(2)(d) by inserting regulations 8(2A) and (3)(ca); and

• regulation 6(d) implements Article 11(3) by inserting regulation 8(3A).

These Regulations also amend the principal Regulations as follows—

• regulations 3 and 6(e) move the definition of “interoperability” to regulation 2(1), in consequence of the insertion of regulation 7A;

• regulation 4(c) adjusts the date in regulation 7(5) so that the metadata referred to therein must be created by 3rd December 2013 in accordance with Article 6(b) of the Directive;

• regulation 6(a) inserts regulation 8(1A) to clarify when regulation 8(1) applies in relation to metadata created in accordance with Article 6(b) of that Directive;

• regulation 7 makes further provision in relation to Article 12 of the Directive in so far as it substitutes the conditions in regulation 9(3) with the new conditions so as to clarify when the first condition applies and to take account of the requirements of Commission Regulation (EC) No 976/2009 (OJ L 274, 20.10.2009, p.9) and those of regulation 7A;

• regulation 8 extends the meaning of relevant body in regulation 13(7)(b) to include a public body in another EEA State in consequence of the incorporation of Directive 2007/2/EC into the Agreement in the EEA (OJ L 1, 3.1.94, p.3); and

• regulation 9 amends regulation 15(1)(a) to ensure compliance with new regulation 7A.

A transposition note, detailing how the principal Regulations (as amended by these Regulations) implement (in part) the Directive, is published with these Regulations on www.legislation.gov.uk.

A further impact assessment has not been prepared for these Regulations because a previous assessment by the UK Government’s Department for Environment and Rural Affairs considered the full cost of implementing the Directive, including the interoperability requirements. That assessment is published with the INSPIRE Regulations 2009 on www.legislation.gov.uk.