COMPROMISE TEXTS suggested by the COMMISSION SERVICES
The mechanisms for sharing spatial data sets and services between government and other public administrations and natural or legal persons performing public administrative functions under national law should take into account the need to protect the financial viability of public authorities, in particular those who have a duty to raise revenue.
Article 7 Paragraph 1
Delete: as well as feasibility and cost-benefit considerations
Article 7 Paragraph 2
When developing the implementing rules provided for in paragraph 1, the Commission shall undertake appropriate analyses to ensure that the rules are feasible and proportionate in terms of their likely costs and benefits. Member States shall, on request, provide the Commission with the information necessary to enable it to undertake such analyses.
Keep Article 13 paragraph 1 point (e) (intellectual property rights) but amend last sentence of Article 13 paragraph 2, first subparagraph, as follows:
Member states may not, by virtue of paragraph 1(a), (d), (e), (f), (g) and (h), limit access to spatial data sets and services relating to Community environmental legislation, including any information on emissions into the environment.
Article 14 Paragraph 1a
By way of derogation from paragraph 1, Member States may allow a public authority supplying a service referred to in point (b) of Article 11(1) to apply charges in cases involving very large volumes of real-time data.
Art 14 Paragraph 2
Add following sentence to end of paragraph: View services may also be temporarily suspended, as an emergency measure, where this is necessary in order to prevent abuse of the service.
Article 17 paragraph 3
Member States may allow public authorities that supply spatial data sets and services to license them to, and/or require payment from, the public authorities or institutions and bodies of the Community that use these spatial data sets and services. Any such charges and licenses must be fully compatible with the general aim of facilitating the sharing of spatial data sets and services between public authorities. Where charges are made, these shall be kept to the minimum necessary to protect the financial viability of public authorities that supply spatial data sets and services. In any event, spatial data sets and services required by public authorities, including Community institutions and bodies, for the fulfilment of obligations under Community law relating to the environment, shall not be subject to any charging.
Article 17 paragraph 8
Member States shall provide the institutions and bodies of the Community with access to spatial data sets and services in accordance with harmonised conditions. Implementing rules governing those conditions shall be adopted in accordance with the procedure referred to in Article 22(2)1. These implementing rules shall fully respect the principles set out in paragraphs 1 to 3.