ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of March 27, 2018 No. 254

About approval of the Regulations on regulations of distribution of sets of spatial data and the services corresponding to them between public subjects and the third parties

This Provision shifts Regulations (EU) No. 268/2010 of the Commission of March 29, 2010 about accomplishment of the Directive 2007/2/EU of the European parliament and Council on access of organizations and bodies of the Community on agreed terms to sets of spatial data and services of state members published in the Official magazine of the European Union by L 83 of March 30, 2010.

Based on part (3) article 13 of the Law No. 254 of November 17, 2016 on national infrastructure of spatial data (The official monitor of the Republic of Moldova, 2016, Art. No. 441-451, 887) DECIDES: the Government

1. Approve Regulations on regulations of distribution of sets of spatial data and the services corresponding to them between public subjects and the third parties it (is applied).

2. To public subjects and the third parties to distribute among themselves spatial data and network services according to Regulations on regulations of distribution of sets of spatial data and the services corresponding to them between public subjects and the third parties.

3. To the agency of land relations and inventory claim and provide to concerned parties standard agreements and technical protocols for distribution of spatial data and network services on the official page of national infrastructure of spatial data (inds.gov.md).

Approved by the Order of the Government of the Republic of Moldova of March 27, 2018 No. 254

Regulations on regulations of distribution of sets of spatial data and the services corresponding to them between public subjects and the third parties

I. General provisions

1. Regulations on regulations of distribution of sets of spatial data and the services corresponding to them between public subjects and the third parties (further - the Provision) determine uniform conditions of access, exchange, and also use of sets and services of spatial data in electronic format between public subjects and the third parties.

2. For the purposes of this provision the following determinations are used:

use terms - the act determining the rights and conditions of use and distribution of sets and services of spatial data, issued by the public subject or the third party responsible for the relevant spatial data and services

recycling of spatial data - use by public subjects and the third parties of sets of spatial data in the commercial or non-commercial purposes other than initial purpose for which they were created. Exchange of spatial data between public subjects and the third parties in the course of accomplishment of national objectives is not recycling;

the industry geoportal - the web portal managed by the public subject or the third party whose purpose is display and/or provision of access to sets of spatial data for which they bear responsibility.

3. Action of this provision extends to spatial data which conform to the requirements provided by part (2) article 4 of the Law No. 254 of November 17, 2016 on national infrastructure of spatial data.

4. Public subjects and the third parties shall provide access to sets and services of spatial data, to perform exchange and to use them for the purpose of ensuring the state needs, and also for realization of national infrastructure of spatial data.

4-1. Public subjects and the third parties shall provide access to the sets and services of spatial data mentioned in part (1) article 9 of the Law No. 254/2016 on national infrastructure of spatial data through the geoportal of national infrastructure of spatial data.

4-2. For ensuring joint use of spatial data in digital format, and also for maintenance and development of the services mentioned in Item 41, the public subjects who are responsible for sets and services of spatial data will annually provide financial resources from the government budget or from legal sources, for accomplishment of the obligations according to this Provision and requirements of the Law No. 254/2016 on national infrastructure of spatial data.

5. For the purpose of implementation of distribution of sets and services of spatial data public subjects and the third parties sign agreements on cooperation according to part (2) article 13 of the Law on national infrastructure of spatial data.

6. The third party can become part of national infrastructure of spatial data by means of the agreement on cooperation with the public subject in case it has spatial data in digital format which are described by means of the metadata provided with network services and conforms to requirements of the Law on national infrastructure of spatial data.

7. The agreements on cooperation signed between public subjects and the third parties concerning distribution of sets and services of spatial data, shall conform to requirements of this provision completely.

8. Public subjects will create own business models for sets of spatial data in cooperation with the Agency of land relations and the inventory (further - the coordinating body).

9. Agreements on cooperation between the public subjects and the third parties responsible for sets and services of spatial data, will provide the following aspects for all participants of national infrastructure of spatial data:

1) terms of use of spatial data;

2) purpose of use of spatial data.

10. Public subjects or the third parties will create use conditions for ensuring joint use of spatial data and network services for which they bear responsibility. These measures will be included in agreements on cooperation. All measures shall be completely compatible to overall objective of simplification of exchange of spatial data and network services between public subjects and the third parties.

11. Public subjects and the third parties shall use the standard agreement and technical protocols for exchange of the spatial data provided by the coordinating body.

12. Public subjects and the third parties after agreement signature about cooperation inform the coordinating body on the signed agreement. The coordinating body will monitor the number of the agreements on cooperation signed between public subjects and the third parties.

II. Distribution terms

13. Distribution of sets of spatial data in digital format is performed by means of:

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