La Commissione Europea commenta la posizione del Consiglio su INSPIRE
http://www.ec-gis.org/inspire/proposal/communication_inspire.pdf
The Commission cannot accept the common position with regard to a number of
issues. The most important of these issues include the following:
The Commission does not agree that intellectual property rights held by public
authorities should be among the list of grounds for limiting public access to spatial
data.The Commission also does not agree that the possibility of limiting access should be
extended to cover discovery services referred to in Article 18(1)(a) of the
Commission proposal, since this would mean that the public would not even be able
to learn of the existence of the data.The Commission maintains that the view services referred to in Article 18(1)(b) of
the Commission proposal should be made available free of charge, and cannot accept
the Council position allowing public authorities to charge and license for these
services under certain conditions;The common position makes the obligation to avoid obstacles to data sharing, as well
as the rules for ensuring harmonised conditions for Community institutions and
bodies, subordinate to the right of public data providers to charge and license other
authorities for their data. It is also vague about the obstacles to be avoided. It will
therefore be ineffective in achieving one of the key aims of the proposal, and could
even have the effect of increasing obstacles to the sharing of data.Finally, while the Commission agrees that the provisions relating to data sharing do
not affect the existence or ownership of public authorities’ intellectual property
rights, it does not see the need for this to be stated in the text of the directive. If such
a provision is to be included, it should be made equally clear that these rights must be
exercised in accordance with the other provisions.
Si possono mandare commenti alla rappresentante del comitato ENV Frederika Bropoels per la seconda lettura di INSPIRE prima del 23 Febbraio contattando direttamente uno dei MEP.
http://www.europarl.eu.int/meetdocs/2004_2009/documents/pr/599/599960/599960it.pdf (in italiano)
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Cristiano Giovando
Department of Geography
San Diego State University