What changed

Recital 10: (10) Articles 11 and 12 of Directive 2007/2/EC specify that Member States are to establish and operate a network of services for the discovery, viewing, download, transformation and invoking of spatial data sets, and ensure that public authorities and third parties can link their spatial data sets and services to that network. Directive (EU) 2019/1024 sets the legal framework for open data and introduces the concept of high-value datasets, defined as data that is associated with important benefits for society and the economy when reused, which includes spatial data sets. Pursuant to Directive (EU) 2019/1024, high-value datasets are to be made available for re-use in machine-readable format, via suitable application programming interfaces and, where relevant, as a bulk download. Pursuant to Article 1(7) of Directive (EU) 2019/1024, that Directive sets out that the Directive governs the re-use of existing documents held by public sector bodies and public undertakings of the Member States, including documents to which Directive 2007/2/EC applies. To ensure consistency with Directive (EU) 2019/1024 and to avoid overlapping provisions, the requirements to establish and operate a network for spatial data services in Directive 2007/2/EC should be lightened and limited to the clarification on how Member States can use appropriate technical arrangements for discovery and access.

Recital 2 a (new): (2a) High-quality, reliable and comparable environmental data are an essential prerequisite for the design, implementation, monitoring and enforcement of Union environmental law and policies. Such data support evidence-based decision-making across a wide range of policy areas, including biodiversity protection, water management, soil monitoring, pollution prevention and climate adaptation. They are also indispensable for monitoring progress towards relevant Union objectives, including the achievement of climate neutrality and of healthy soils by 2050. Maintaining the availability, accessibility and usability of environmental information therefore remains essential to ensuring a high level of environmental protection across the Union.

Recital 14: (14) Article 17 of Directive 2007/2/EC requires Member States to adopt measures that make it possible for spatial data collected at one level of public authority to be shared between all the different levels of public authorities and to ensure that spatial data and services are made available under conditions that do not restrict their extensive use. Pursuant to Directive (EU) 2019/1024, data is open-by-default which also applies to spatial data, including spatial datasets falling within the scope of Directive 2007/2/EC. Article 17 should therefore focus on ensuring accessibility and data-sharing between public authorities, and the reuse of information within the public sector, in order to simplify the legal framework and to avoid overlapping rules.

Recital 3 a (new): (3a) The availability, accessibility and interoperability of environmental spatial data can contribute significantly to reducing administrative burdens and improving the efficiency, quality and reliability of administrative procedures. Better access to environmental information can facilitate environmental assessments, permitting procedures and public decision-making processes, while maintaining a high level of environmental protection. The effective sharing and re-use of environmental information should therefore be regarded as an important component of better regulation and more efficient environmental governance.

Recital 6: (6) Directive 2007/2/EC contains reference to third parties, whereas Directive (EU) 2019/1024, which applies to public sector bodies and public undertakings, does not extend to private entities or businesses. Directive 2007/2/EC should continue to govern the linking of third parties’ spatial data sets to relevant services on a voluntary basis. Such voluntary contributions should be possible where those data sets comply with the applicable requirements under Union law on data governance and data sharing9a, in particular as regards metadata, quality, access conditions and interoperability / 9a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Regulations (EU) 2016/679, (EU) 2018/1724, (EU) 2018/1725, (EU) 2023/2854 and Directives 2002/58/EC, (EU) 2022/2555 and (EU) 2022/2557 as regards the simplification of the digital legislative framework, and repealing Regulations (EU) 2018/1807, (EU) 2019/1150, (EU) 2022/868, and Directive (EU) 2019/1024 (Digital Omnibus).

Recital 8: (8) Articles 7 and 8 of Directive 2007/2/EC empower the Commission to adopt implementing rules laying down technical arrangements for the interoperability and, where practicable, harmonisation of spatial data sets and services. They also set out the conditions for and the content of those implementing rules. Article 5(1) of Directive (EU) 2019/1024 establishes that public sector bodies and public undertakings are to make their documents available in any pre-existing format or language and, where possible and appropriate, by electronic means, in formats that are open, machine-readable, accessible, findable and re-usable, together with their metadata. Both the format and the metadata should, where possible, comply with formal open standards. Pursuant to Article 1(7) of Directive (EU) 2019/1024, that Directive governs the re-use of existing documents held by public sector bodies and public undertakings of the Member States, including documents to which Directive 2007/2/EC applies. While avoiding duplication with horizontal Union data legislation, simplification should not lead to a reduction in the comparability, consistency or interoperability of environmental spatial data across the Union. Therefore, the deletion of the empowerment to adopt implementing rules laying down technical arrangements for the interoperability and, where practicable, harmonisation of spatial data sets and related provisions should be accompanied by the continued use of open standards and by the preserv…

Recital 10: (10) Articles 11 and 12 of Directive 2007/2/EC specify that Member States are to establish and operate a network of services for the discovery, viewing, download, transformation and invoking of spatial data sets, and ensure that public authorities and third parties can link their spatial data sets and services to that network. Directive (EU) 2019/1024 sets the legal framework for open data and introduces the concept of high-value datasets, defined as data that is associated with important benefits for society and the economy when reused, which includes spatial data sets. Pursuant to Directive (EU) 2019/1024, high-value datasets are to be made available for re-use in machine-readable format, via suitable application programming interfaces and, where relevant, as a bulk download. Pursuant to Article 1(7) of Directive (EU) 2019/1024, that Directive governs the re-use of existing documents held by public sector bodies and public undertakings of the Member States, including documents to which Directive 2007/2/EC applies. To ensure consistency with Directive (EU) 2019/1024 and to avoid overlapping provisions, the requirements to establish and operate a network for spatial data services in Directive 2007/2/EC should be lightened and limited to the clarification on how Member States can use appropriate technical arrangements for discovery and access., while preserving the possibility for voluntary third-party contributions, consistently with other Union law on data governance and dat…

Recital 12 a (new): (12a) Any changes introduced by this Directive to the obligations laid down in Directive 2007/2/EC should preserve the quality, reliability, discoverability and interoperability of spatial datasets that have already been made available through Union, national, regional and local infrastructures. The transition towards a framework that is more aligned with horizontal Union data legislation should preserve the added value of the Common European Data Spaces for spatial information

Recital 13: (13) Article 16 of Directive 2007/2/EC sets out and empowerment for the Commission to adopt technical specifications and minimum performance criteria for network services referred to in Articles 11 and 12 of that Directive. Since Articles 11 and 12 of Directive 2007/2/EC are being partially deleted that empowerment is no longer needed.

Recital 14: (14) Article 17 of Directive 2007/2/EC requires Member States to adopt measures that make it possible for spatial data collected at one level of public authority to be shared between all the different levels of public authorities and to ensure that spatial data and services are made available under conditions that do not restrict their extensive use. Pursuant to Directive (EU) 2019/1024, data is open-by-default which also applies to spatial data, including spatial datasets falling within the scope of Directive 2007/2/EC. Therefore, in order to simplify the legal framework and to avoid overlapping rules, Article 17 should focus on ensuring accessibility and data-sharing between public authorities and the reuse of information within the public sector.

Articles 9, 10 and 12

Article 1 – paragraph 1 – point 1, Article 3 – points 5, 7, 8 and 10: (1) in Article 3, points 5, and 8 are deleted;

Article 1 – paragraph 1 – point 6: (6) Articles 9, 10 and 12 are deleted.

Article 1 – paragraph 1 – point 6 a2 – point a (new),a, Article 114 – paragraph 1:1 (6a)– Articlepoint 11c is– amendedpoint asii: follows:(a) /in (a)paragraph the1, firstpoint paragraph(c)(ii) is replaced by the following: / Member States shall ensure that‘(ii) spatiala datathird setsparty, fallingto withinwhom the scope ofrelevant thisservices Directivehave arebeen made available and accessible in accordance with Directive (EU) 2019/1024, including through appropriateUnion technicalLaw arrangementson enablingdata discoverygovernance and access for public tasks relevant for the environment. / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) /data (deleted)sharing.’

Article 1 – paragraph 1 – point 3 – point b, Article 5 – paragraph 4: 4. The Commission may adopt implementing acts laying down implementing rules for this Article, taking into account existing international standards and user requirements, in particular with relation to, quality, conditions of access and use, and validation metadata. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 22b(2).;

Directive 2007/2/EC

Articles 6 to 7

Article 1 – paragraph 1 – point 4: (4) Article 6 is deleted.

Directive 2007/2/EC

Article 1 – paragraph 1 – point 4 a (new), Article 7: (4a) Article 7 is replaced by the following: / ‘(1) Member States shall ensure that the provision of spatial data sets and spatial data services, including through application programming interfaces, is based on open, documented, vendor-neutral, and geospatial standards. / (2) The standards referred to in paragraph 1 include relevant standards and specifications such as those of the International Organization for Standardization (ISO), as well as the API standards of the Open Geospatial Consortium (OGC) and comparable open specifications. / (3) Member States shall ensure that the technical solutions chosen do not impair the cross-border discoverability, accessibility, usability, and re-use of spatial data’

Directive 2007/2/EC

Articles 9 to 12

Article 1 – paragraph 1 – point 6: (6) Articles 9 and 10 are deleted.

Directive 2007/2/EC

Article 1 – paragraph 1 – point 6 a – point a (new), Article 11 – paragraph 1: (6a) Article 11 is amended as follows: / (a) the first paragraph is replaced by the following: / Member States shall ensure that spatial data sets falling within the scope of this Directive are made available and accessible in accordance with Directive (EU) 2019/1024, including through appropriate technical arrangements enabling discovery and access for public tasks relevant for the environment, while supporting interoperability and comparability of spatial data across the Union. " / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)

Directive 2007/2/EC

Article 1 – paragraph 1 – point 7 – point6 b –(new), pointArticle i12: (new),(6b) Article 1312 –is paragraphreplaced 1by –the subparagraphfollowing: 2/ –‘Article introductory12 part:/ (b)Member States shall ensure that public authorities are given the secondtechnical subparagraphpossibility isto amendedlink astheir follows:spatial /data (i)sets theto introductoryrelevant wordingservices isprovided replacedfor byunder theUnion following:law /on Memberdata Statesgovernance mayand limit,data orsharing. exclude,This publicpossibility accessshall also be made available upon request to third parties whose spatial data sets comply with applicable requirements with regard to metadata and servicesinteroperability whereprovided suchfor accessunder couldUnion adverslylaw affecton anydata ofgovernance theand following:;data sharing.

Article 1 – paragraph 1 – point 7 – point b – point ii (new),a, Article 13 – paragraph 1 – subparagraph 2 – point b: (ii) point (b) is replaced by the1: following:deleted / (b) international relations, public security, national defence or public order;(deleted)

Article 1 – paragraph 1 – point 7 – point b, Article 13 – paragraph 1 – subparagraph 2 – introductory part: Member States may limit, where necessary and proportionate, public access to spatial data sets and services, where such access could adversely affect any of the following:

Directive 2007/2/EC

Article 1 – paragraph 1 – point 10 a – point a (new), Article 17 – paragraph 1: (10a) Article 17 is amended as follows: / (a) the first paragraph is replaced by the following: / 1. Member States shall ensure that public authorities are able to access and exchange spatial data covered by this Directive that is necessary for the performance of public tasks that may have an impact on the environment.